Legal Innovation

JUDGMENT ON ADMISSION – A forgotten Rule

1. INTRODUCTION

Judgment on Admission verbatim is dealt under Order XII Rule 6 of Civil Procedure Code, 1908. As simple as it may seem, it is imminent to understand, what is admission, what constitutes valid admission, where must such admission be made and under what circumstances such a Judgment under this provision can be passed. The intent of this Article is to deal with the above conundrum. There is no doubt that admission is a common law principle. The primary object of this Rule is to enable a party obtain speedy judgment where such admission. The nuance lies in beneficial interpretation of this rule considering the facts and circumstances of each case to enable speedy justice while remaining cautious not to snatch the right of fair defense.

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 up in accordance with the judgment and the decree shall bear the date on which the judgment was pronounced.”

“Sec.17 – 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.”

2.1.2. Black’s Law Dictionary defines Admission as “Any statement or assertion made by a party to a case and offered against that party; an acknowledgement that facts are true. Admission against interest as – A person’s statement acknowledging a fact that is harmful to the person’s position as a litigant. An admission against interest must be made either by the litigant or by one in privity with or occupying the same legal position as the litigant.”

Order XII Rule 2A. Document to be deemed to be admitted if not denied 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 he 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.”

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