Case Note & Summary
The original plaintiff, Bhika s/o Antu Kale, a retired Railway servant, filed Regular Civil Suit No.996 of 1987 against the Railways for possession and perpetual injunction. In 1981, the Railways invited applications for giving plots on licence. The plaintiff applied and deposited Rs.50,050/- as licence fee. However, the plot was not given to him. The plaintiff sought refund of the amount. The trial court partly decreed the suit granting refund of Rs.50,050/- with interest at 18% per annum from the date of deposit till realisation. The Railways appealed, and the lower appellate court dismissed the appeal. The plaintiff then filed the present Second Appeal. The substantial question of law was whether the Courts below failed to consider the admission in view of Order VIII, Rules 3, 4 and 5 CPC. The High Court noted that the Railways had admitted receipt of the amount in their written statement. The Courts below had not considered this admission. The High Court held that the admission ought to have been taken into account and the suit for refund was maintainable. The High Court allowed the appeal, set aside the judgment of the lower appellate court, and restored the decree of the trial court granting refund with interest.
Headnote
A) Civil Procedure - Admission - Order VIII Rules 3, 4, 5 CPC - Failure to Consider Admission - The Courts below failed to consider the admission made by the Railways in their written statement regarding receipt of Rs.50,050/- from the plaintiff - The High Court held that the admission ought to have been taken into account and the suit for refund was maintainable - Held that the judgment of the lower appellate court is set aside and the decree for refund with interest is restored (Paras 1-6).
Issue of Consideration
Whether the Courts below failed to consider the admission in view of Order VIII, Rules 3, 4 and 5 of the Code of Civil Procedure?
Final Decision
Second Appeal allowed. Judgment and order dated 12.7.1999 passed by the 6th Additional District Judge, Nagpur in Regular Civil Appeal No.192 of 1992 is set aside. The decree passed by the trial court in Regular Civil Suit No.996 of 1987 is restored. No order as to costs.
Law Points
- Order VIII Rules 3
- 4
- 5 CPC
- Admission
- Failure to consider admission
- Refund of deposit
- Interest
