Admissions
Sec 30 of CPC 1908 And Order – XII
The term Admission is not defined in CPC 1908, this term is defined under Section – 17 of Indian Evidence Act , 1872.
Admission defined.—An admission is a statement, 1[oral or documentary or contained in electronic form], which suggests any inference as to any fact in issue or relevant fact, and which is made by any of the persons, and under the circumstances, hereinafter mentioned.
Sections 18 to 23 lay down the circumstances which render admissions valid
An admission has following characteristics :
(1)An admission is a ‘statement’ which suggests any ‘inference’ as to any fact in issue or relevant fact;
(2) It must be made by any of the ‘persons’ prescribed by the Act’
(3)It must also be made under the ‘circumstances’ prescribed by the Act;
(4) An admission may be oral or documentary or in electronic form
SEC 31 :Admissions are not conclusive proof of the matters admitted but they may operate as
estoppels under the provisions herein after contained.
Section 58: Provided court may invite evidence to prove even admitted fact.
A thing admitted need not be proved. Shreedhar Govind Kamerkar v. Yesahwant Govind Kamerkar and Anr. 2006 (14) SCALE174
Admissions is only a piece of evidence and can be explained; it does not conclusively bind a party unless it amounts to an estoppel. Value of an admission has to be determined by keeping in view the circumstances in which it was made and to whom. Rakesh Wadhawan v. Jagdamba Industrial Corporation Air 2002
ADMISSION IN CIVIL CASES
In a case of Ram Kajaraia..vs.. Sheoprakash Kajaria, Mh.L.J. 2016(3) 172,it is held by Hon’ble Supreme Court that “Admission in pleading can not be withdrawn by way of Amendment
.”Though the admission is the best piece of evidence, it is equally well settled that the admissions are not conclusive as contemplated under Section 31 of the Act as the maker of it is at liberty to prove that the admissions were mistaken or untrue. If admissions made in written statement were found incorrect or were made due to mistake either in law or fact, or as a result of any fraud or manipulations, the defendant can be permitted to amend his written statement as the admissions are not conclusive proof of matters admitted but they may operate as estoppels and the maker of admissions is at liberty to prove that the admissions are mistaken or untrue.
Where the admission made by the plaintiff in his pleadings as well as in his statement on oath was that the suit premises was let out to the defendant for the commercial purposes, hence he (defendant) would be estopped to take a different stand as the admission may operate as an estoppal against him.
Notice of admission of case
Notice of admission of case— Any party to a suit may give notice, by his pleading, or otherwise in writing, that he admits the truth of the whole or any part of the case of any other party.
The object of obtaining admissions is to do away with the necessity of proving facts that are admitted (Sec -58 Evidence Act)
Kinds Of Admissions
- Admissions In Pleading
- Admissions by agreement
- Admission by notice
The importance of admission consists in the fact that either party may at any stage of the suit move for judgement on the admissions made by the other party . (Rule -6)
2. Notice to admit documents— Either party may call upon the other party [173][to admit, within Seven days from the date of service of the notice any document,] saving all just exceptions; and in case of refusal or neglect to admit, after such notice, the costs of proving any such document shall be paid by the party so neglecting or refusing, whatever the result of the suit may be, unless the Court otherwise directs; and no costs of proving any document shall be allowed unless such notice is given, except where the omission to give the notice is, in the opinion of the Court, a saving of expense.
The Admission of a document means the admission of a fact contained in the document.
Admissions between co-defendants to which the plaintiff is not a party, cannot be treated as evidence against the plaintiff as the admissions are admissible against the person making them or who can be said to be bound by them.
[2A. Document to be deemed to be admitted if not divided after service of notice to admit documents— (1) Every document which a party is called upon to admit, if not denied specifically or by necessary implication, or stated to be not admitted in the pleading of that party or in his reply to the notice to admit documents, shall be deemed to be admitted except as against a person under a disability :
Provided that the Court may, in its discretion and for reasons to be recorded, require any document so admitted to be proved otherwise than by such admission.
(2) Where a party unreasonably neglects or refuses to admit a document after the service on him of the notice to admit documents, the Court may direct him to pay costs to the other party by way of compensation.
The court can suo moto call the party to admit the documents. , sub rule (2) provides for deemed admissions
3. Form of notice— A notice to admit documents shall be in Form No. 9 in Appendix C, with such variations as circumstances may require.
3A. Power of Court to record admission— Notwithstanding that no notice to admit documents has been given under rule 2, the Court, may at any stage of the proceeding before it, of its own motion, call upon any party to admit any document and shall in such a case, record whether the party admits or refuses or neglects to admit such document.
Notice to admit acts— Any party, may, by notice in writing, at any time not later than nine days before the day fixed for the hearing, call on any other party to admit, for the purposes of the suit only, any specific fact or facts, mentioned in such notice. And in case of refusal or neglect to admit the same within six days after service of such notice, or within such further time as may be allowed by the Court, the costs of proving such fact or facts shall be paid by the party so neglecting or refusing, whatever the result of the suit may be, unless the Court otherwise directs:
Provided that any admission made in pursuance of such notice is to be deemed to be made only for the purposes of the particular suit, and not as an admission to be used against the party on any other occasion or in favour of any person other than the party giving the notice:
5. Form of admissions— A notice to admit facts shall be in Form No. 10 in Appendix C, and admissions of facts shall be in Form No. 11 in Appendix C, with such variations as circumstances may require.
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 sub-rule (1) a decree shall be drawn upon in accordance with the judgment and the decree shall bear the date on which the judgment was pronounced.
It enables either party at any stage of the suit to move for judgement on the admissions which have been made by the other side.
The Supreme Court in the case of Raveesh Chand Jain vs Raj Rani Jain on 12 February, 2015 held that The bare perusal of the aforesaid provision makes it clear that it confers wide discretion on the court to pass a judgment at any stage of the suit on the basis of admission of facts made in the pleading or otherwise without waiting for the determination of any other question arose between the parties. Since the Rule permits the passing of judgment at any stage without waiting for determination of other question, it follows that there can be more than one decree that may be passed at different stages of the same suit. The principle behind Order XII Rule 6 is to give the plaintiff a right to speedy judgment so that either party may get rid of the rival claims which are not in controversy.
It is equally well settled that the provision of Order XII Rule 6 of the Code is not a mandatory provision rather discretionary. While exercising power of passing judgment on admission made in the pleading or otherwise, the Court must keep the matter pending for adjudication so far as other issues are concerned.
A judgement on admissions is not a compromise decree.
7. Affidavit of signature— An affidavit of the pleader or his clerk, of the due signature of any admissions made in pursuance of any notice to admit documents or facts, shall be sufficient evidence of such admissions, if evidence thereof is required.
8. Notice to produce documents— Notice to produce documents shall be in Form No. 12 in Appendix C, with such variations as circumstances may require. An affidavit of the pleader, or his clerk, of the service of any notice to produce, and of the time when it was served, with a copy of the notice to produce, shall in all cases be sufficient evidence of the service of the notice, and of the time it was served.
9. Costs— If a notice to admit or produce specifies documents which are not necessary, the costs occasioned thereby, shall be borne by the party giving such notice.
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