Sangeet Lodha, J. - (1.) This writ petition is directed against the order dt. 31.01.2014 of the Board of Revenue Rajasthan, whereby an appeal preferred by the petitioners herein against the judgment and decree dt. 23.08.2005 passed by the Revenue Appellate Authority (RAA), setting aside the judgment and decree dt. 15.12.2003 passed by the Sub Divisional Officer, Osiya in Revenue Suit No. 456/02, stands dismissed. Learned counsel appearing for the petitioners contended that the claim of the petitioners as set out in the plaint was admitted by the defendants in the written statement and therefore, the judgment and decree passed by the trial Court was not open to be interfered with by the Appellate Authority. Learned counsel submitted that all the defendants engaged one counsel who filed the written statement admitting the claim and therefore, even if the written statement was not signed by the respondent No. 3 & 4 herein, the same was binding upon them and it was not open for them to question the legality of the decree by way of an appeal.
(2.) I have considered the submissions of the learned counsel and perused the material on record.
(3.) Indisputably, where admission of the fact has been made either in pleadings or otherwise whether orally or in writing, the Court may at any stage of the suit either on application of any party or of its own motion without waiting for determination of any other question between the parties, make such order or give such judgment as it may think fit, having regard to such admission. But then, as per Order VI Rule 14, every pleading is required to be signed by the party and its pleader, if any. As per proviso thereto, only in case where a party pleading is by reason of absence or other good cause, unable to sign the pleading, it may be signed by any person duly authorised by him to sign the same or to sue or defend on his behalf.;