Civil Procedure Code, 1908
Order 12 Rule 6—Suo moto dismissal of partition suit by the High Court on the basis of admission—Appeal—Submission that High Court could have dismissed the suit under Order 7 Rule 11 CPC alone and not under Order 12 Rule 6 of the Code and that too without any application being filed by the respondents—Untenable—Order 12 Rule 6 CPC gives a very wide discretion to the court to pass a judgment at any stage of the suit and that too on its own motion i.e. without any application being filed by any party—Order 12 Rule 6 of CPC, authorises the court to not only pass a decree regarding admitted claim, but also to dismiss the suit—Appeal dismissed. [Hindu Succession Act, 1956, Section 6]
[Paras 36 & 37[