The High Court remands the case for fresh determination, emphasizing the need for clear admissions before passing judgments under Order XII Rule 6 CPC.
In a significant ruling, the Jammu and Kashmir High Court has set aside a judgment by the 1st Additional District Judge, Srinagar, which had decreed in favor of the plaintiffs regarding the retirement age of faculty members at Vishwa Bharati Women's Welfare Institution. The High Court, presided over by Justice Sanjay Dhar, emphasized that judgments under Order XII Rule 6 of the Code of Civil Procedure (CPC) can only be passed when admissions by the defendant are clear, unequivocal, and leave no room for further inquiry.
The dispute arose when Amina Naseem and other faculty members challenged their retirement at the age of 60, arguing that the institution's bylaws and the J&K Private Colleges Regulation and Control Act prescribed a retirement age of 65. The trial court had ruled in their favor based on what it deemed as admissions by the institution. However, the High Court found that the trial court erred in its judgment as the alleged admissions were not clear and unequivocal.
Justice Dhar noted that the trial court overlooked the appellant's (Vishwa Bharati Women's Welfare Institution) specific denials and the context provided in the written statement regarding the age of superannuation. The institution contended that the retirement age was 60 years per the bylaws and government SROs, and any deviation was due to management issues during a period of militancy.
The High Court's decision underscores the discretionary nature of Order XII Rule 6 CPC, where the court is not obligated to pass a judgment on admissions unless they are unmistakably clear and undisputed. The case has been remanded back to the trial court for fresh determination, instructing the court to consider all evidence and arguments comprehensively.
Parties involved are required to appear before the trial court on July 13, 2026, to proceed with the case in accordance with the directions of the High Court.
Bottom line:-
Judgment under Order XII Rule 6 CPC cannot be passed based on alleged evasive admissions unless the admissions are clear, unequivocal, and leave no room for doubt or require further proof.
Statutory provision(s): Order XII Rule 6 CPC, Order VIII Rule 5 CPC, Civil Procedure Code, 1908.
