Order XII Rule 6 of the Code of Civil Procedure is not a matter of right but a matter of discretion of the Court to be exercised judiciously.

“ORDER XII­ADMISSIONS Rule 6. Judgment on admissions­ (1) Where admissions of fact have been made either in the pleading or otherwise, whether orally or in writing, the Court may at any stage of the suit, either on the application of any party or of its own motion and without waiting for the determination of any other question between the parties, make such order or give such judgment as it may think fit, having regard to such admissions.

(2) Whenever a judgment is pronounced under sub­rule (1), a decree shall be drawn up in accordance with the judgment and the decree shall bear the date on which the judgment was pronounced.”

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In Uttam Singh Duggal and Co. Ltd. v. Union Bank of India, AIR 2000 SC 2740, the Supreme Court held that a litigant should not be made to wait for a decree and a decree can expeditiously be passed on the admissions of the defendant. The relevant observations of the Supreme Court are reproduced here as under:

“12. As to the object of the Order 12 Rule 6, we need not say anything more than what the Legislature itself has said when the said provision came to be amended. In the objects and reasons set out while amending the said rule, it is stated that where a claim is admitted, the Court has jurisdiction to enter a judgment for the plaintiff and to pass a decree on admitted claim. The object of the rule is to enable the party to obtain a speedy judgment at least to the extent of the relief to which according to the admission of the defendant, the plaintiff is entitled. We should not unduly narrow down the meaning of this rule as the object is to enable a party to obtain speedy judgment. Where other party has made a plain admission entitling the former to succeed, it should apply and also wherever there is a clear admission of facts in the face of which, it is impossible for the party making such admission to succeed.”

8. Further, a judgment on admissions under Order XII Rule 6 of the Code of Civil Procedure is not a matter of right but a matter of discretion of the Court to be exercised judiciously.