Order 12 of the Civil Procedure Code (CPC) deals with the admission of facts and documents in a civil suit. Admissions play a significant role in simplifying the issues in dispute between parties, and this order provides a procedure for admitting or denying facts, documents, and other matters to facilitate the efficient conduct of litigation.
Definition of Admission:
An admission refers to a statement made by one party that acknowledges or concedes the truth of certain facts or documents. These facts and documents can be related to the case at hand and can either be agreed upon or denied by the parties.
Effect of Admission:
When a party admits a fact or document, it becomes an agreed fact for the purpose of the case. Such admissions reduce the number of issues in dispute, allowing the court to focus on resolving the remaining issues.
Form of Admission:
A party can make an admission orally in court or in writing, through their lawyer, or through the formal process of serving a written admission to the other party.
Pleadings and Admissions:
In civil cases, when a party files a written statement (defendant) or plaint (plaintiff), they may make admissions of facts that are relevant to the case. If a fact is admitted in the pleadings, it is considered established in the case.
Binding Nature of Admissions in Pleadings:
Admissions made in the pleadings are binding on the party making them, and they cannot later deny those facts unless the court permits them to withdraw or amend the admission under special circumstances.
Oral Admissions in Court:
A party may make an admission in open court, either during cross-examination or while giving evidence. Such oral admissions are equally binding as written admissions.
Form of Admissions:
The court may direct that any admission made in court, whether oral or written, be recorded in the proceedings. These recorded admissions are part of the official record of the case and can be used in the court’s decision-making process.
Request for Admission:
A party may formally request the other party to admit or deny certain facts, documents, or other matters related to the case. This is done by serving a written notice of admission under Rule 1.
Timeline for Response:
The party receiving the request for admission must respond within a specific period (usually 10 to 15 days) by admitting or denying the facts. If no response is received within the time frame, the facts or documents are deemed admitted.
Purpose:
This rule aims to simplify the trial process by resolving certain matters in advance and reducing the number of factual disputes that the court needs to address.
Binding Effect:
Once a fact is admitted, whether it is through pleading, oral admission, or written request for admission, it is treated as conclusively established. The court will not require further evidence on that matter, and no party can later dispute it.
Exclusion from Evidence:
If a document is admitted, there is no need to present it as evidence in court, as it is treated as already proven. This speeds up the trial process.
If Denied:
If the party denies the facts or documents requested for admission, they must provide reasons for the denial. The denial of facts does not automatically exclude them from the trial process; the court will require the party denying the facts to produce evidence to refute the admission request.
Cost of Denial:
If the court finds that a fact or document was unnecessarily denied, the party denying the admission may be ordered to bear the costs of proving that fact, including the costs of any delays caused by the denial.
Application to Withdraw Admission:
A party can apply to the court to withdraw or amend an admission made in the pleadings or during the trial. However, the court will allow such withdrawal or amendment only in exceptional circumstances, especially if the withdrawal would cause inconvenience or injustice to the other party.
Conditions for Withdrawal:
The court will consider the reasons provided for the withdrawal, the stage of the case, and whether the withdrawal would prejudice the other party.
Adverse Consequences of Denial:
If a party unnecessarily denies an admission or a document, they may face adverse costs (such as being required to pay for the extra time and resources spent proving the denied facts) or even adverse inferences (where the court may assume that the denied fact or document would have been unfavorable to the party).
Withdrawal of Admissions:
If a party wishes to withdraw an admission, they must prove to the court that there are valid reasons to do so. If the court finds that the withdrawal is done with an intent to delay or mislead the court, it may impose penalties or order costs against the party.
