WEEK 8-ADMISSIONS

ADMISSIONS
1. 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.
2. Notice to admit documents. Either party may call upon the other party to admit 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.
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.
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: Provided also that the Court may at any time allow any
party to amend or withdraw any admission so made on such terms as may be just.
1[4A. Power of Court to record admission of documents and facts.__ Notwithstanding that no
notice to admit documents or facts has been given under Rules 2 and 4 respectively, the Court may, at
any stage of the proceedings before it, of its own motion, call upon any party to admit any document or
fact and shall in such a case, record whether the party admits or refuses or neglects to admit such
document or fact".]
5. Forms of admission. 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. Any party may, at any stage of a suit, where admissions of fact have
been made, either on the pleadings, or otherwise, apply to the Court for such judgment or order as
upon such admissions he may be entitled to, without waiting for the determination of any other
question between the parties: and the Court may upon such application make such order, or give such
judgment, as the Court may think just.
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.
1 Added by No. 300 Rules XIY26,
dated 2nd October, 2001.
Code of Civil Procedure, 1908 [1908 : V]
Page 131 of 370
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
when 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.