Aspi Chinoy v. Government Of Maharashtra

20-CRA-331-2025.DOC Arun Sankpal

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL REVISION APPLICATION NO. 331 OF 2025 Aspi Chinoy ..Applicant

Versus

Government of Maharashtra & Anr

...Respondents

Mr. Girish Godbole, Senior Advocate, with Joel Carlos, i/b Kaustubh Thipsay & Aditya A Joshi, for the Applicants.

CORAM:

N. J. JAMADAR, J.

DATED :

12th SEPTEMBER 2025 P.C.:

1.

Heard Mr. Godbole, the learned Senior Advocate for the Applicant.

2.

The challenge in this Application is to an order dated 15th March 2025 passed by the learned Civil Judge, Senior Division, Alibaug, on an Application (Exhibit "75") for a decree on Admission under the provisions of Order XII Rule 6 of the Code of Civil Procedure, 1908 ("the ARUN RAMCHANDRA SANKPAL Code").

ARUN RAMCHANDRA SANKPAL Date: 2025.09.15 09:14:00 +0530 3.

Mr. Godbole submitted that the learned Civil Judge has completely misdirected herself in rejecting the Application for a decree on Admission, on the ground that no notice to admit facts was given by the Plaintiff to the Defendants in the prescribed form. Mr. Godbole 1/2

20-CRA-331-2025.DOC would urge that a decree on Admission can be passed on the basis of the contentions in the pleadings or otherwise.

4.

Prima facie, it appears that the learned Judge did not properly appreciate the import of the provisions contained in Order XII Rule 6 of the Code. Undoubtedly, the said provision is discretionary and it is not obligatory on the Court to pass a decree on Admission. Yet, in the case at hand, the learned Judge appears to have been influenced by the considerations which were not germane for the determination of a prayer for decree on Admission.

5.

Issue notice to the Respondents returnable on 17th October 2025 6.

In addition to notice through Court, the Applicant is at liberty to serve the Respondents by private service and file an Affidavit of Service. 7.

Stand over to 17th October 2025.

[N. J. JAMADAR, J.] 2/2