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TIPS & EXPERT ADVICE ON ESSAYS, PAPERS & COLLEGE APPLICATIONS

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 purpose of the suit only, any specific fact or facts mentioned in such notice. (Order XII, Rule 4).

Where admissions of fact have been made, either on 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. (Order XII, Rule 6).

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Where the suit was decreed in view of written statement filed by the defendant admitting the claim of petition as correct, it is judgment on admission and not a compromise decree.

Objection regarding admissibility of document should be raised when it was tendered and not subsequently:

An objection to the admissibility of the document should be raised before such endorsement is made and the Court is obliged to form its opinion on the question of _ admissibility and express the same on which opinion would depend the document being endorsed as admitted or not admitted in evidence. In the latter case, the document may be returned by the Court to the person from whose custody it was produced.

Ordinarily an objection to the admissibility of evidence should be taken when it is tendered and not subsequently. The objections as to admissibility of documents in evidence may be classified into two classes: (i) an objection that the document which is sought to be proceeded is itself inadmissible in evidence; and (ii) where the objection does not dispute the admissibility of the document in evidence but is directed towards the mode of proof alleging the same to be irregular or insufficient.

In the first case, merely because a document has been marked as ‘an exhibit’, an objection as to its admissibility is not excluded and is available to be raised even at a later stage or even in appeal or revision.

In the latter case, the objection should be taken before the evidence is tendered and once the document has been admitted in evidence and marked as an exhibit, the object that it should not have been admitted in evidence or that the mode adopted for proving the document is irregular cannot be allowed to be raised at any stage subsequent to the marking of the document as an exhibit. The later proposition is a rule of fair play.

Order XII, Rule 6, C.P.C. makes a provision for judgment on admissions. A careful reading of the provision as contained in Order XII, Rule 6, C.P.C. would show that the Court is not empowered to dispose of the entire suit on the basis of such admissions as are being alleged in the present case. The provision only empowers the Court to grant a partial decree in a pending suit on the basis of admission in the pleadings.

Plaintiff entitled to judgment on admission against defendant:

Where in an application for recovery of money, plaintiff had discounted bills of the defendant. Two postdated cheques issued by the defendant were dishonoured. On repeated request by plaintiff, defendant had made part payment. Clear admission about its undischarged liability was admitted by two letters written by the defendants.

Further, said fact was not disputed by the defendant as they had not contested the said application. As such, it could be said that liability was admitted by defendant in the said letters and plaintiff was entitled to judgment on admission against defendant.

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