What are the kinds of admissions? In what cases notice to admit may be given?

Question: What are the kinds of admissions? In what cases notice to admit may be given?

Find the answer only on Legal Bites. [What are the kinds of admissions? In what cases notice to admit may be given?]

Answer

The Admissions in the Civil Law are spread over many of the rules as envisaged in the Code. 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.

Different kinds of admissions

The object of obtaining admissions is to do away with the necessity of proving facts that are admitted. Admissions are of three kinds, namely,

(1) Admissions in pleading:

• • actual, that is, those contained in the pleadings (Order VII, r 5) or in answer to interrogatories (Order XI, r 22).
  • constructive, that is, those which are merely the consequence of the form of pleading adopted (Order VIII, rr 3, 4, 5).

(2) Admissions by agreement.

(3) Admissions by notice.

The admissions need not be proved unless the court otherwise is of the opinion or requires the same to be proved. The admissions are not conclusive. They can be gratuitous or erroneous. The admissions can be withdrawn or explained away.

The inference regarding admission could be concluded after considering the pleadings in their entirety. Admissions could be proved to be wrong. Oral admissions prevail over the record of rights, or documentary evidence. Admissions of the co-defendant cannot be allowed to be used against the other defendants. The admissions made at any time can be proved to be collusive or fraudulent.

Order VIII Rule 5 of the Code refers to Specific denial which says that, if the defendant does not make denial of the admissions, then the court will take such facts as pleaded in the plaint to be admitted. However, the court has been left with the discretion to require the facts to be proved even if these are admitted or if the party does not deny such facts. However, it has been made clear under sub-section (4) that if the court pronounces judgment over admitted facts, then the court would pass a decree.

In case R.K. Markan v. Rajiv Kumar Markan, 2003 AIHC 632 (633) Delhi, wherein it was observed as under:- “For passing a decree on the basis of admission of the defendants in the pleadings, the law is well settled that the admission has to be unequivocal and unqualified and the admission in the written statement should also be taken as a whole and not in part….”

In what cases notice to admit may be given?

Order XII CPC deals with admission of the case, admission of the documents, and judgment on admissions.

Rule 1 thereof provides that a 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.

Rule 2 deals with notice to admit documents – it provides that each party may call upon the other party to admit within 7 days from the date of service of the notice of any document saving all such exceptions. Rule 2A provides that a document could be deemed to have been admitted if not denied after service of notice to admit documents.

Rule 4 Notice to admit facts – 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.

---

Important Mains Questions Series for Judiciary, APO & University Exams

• CPC Mains Questions Series: Important Questions Part – I of X
• CPC Mains Questions Series: Important Questions Part – II of X
• CPC Mains Questions Series: Important Questions Part – III of X
• CPC Mains Questions Series: Important Questions Part – IV of X
• CPC Mains Questions Series: Important Questions Part – V of X
• CPC Mains Questions Series: Important Questions Part – VI of X
• CPC Mains Questions Series: Important Questions Part – VII of X
• CPC Mains Questions Series: Important Questions Part – VIII of X
• CPC Mains Questions Series: Important Questions Part – IX of X
• CPC Mains Questions Series: Important Questions Part – X of X