Admissions

All we need to know about Admissions

The Indian Evidence Act provides for admissions. Basically admissions are those facts or documents admitted which need not to be proved.[1] Admission is therefore a statement which may be oral, documentary or in electronic form which suggests some inference as to the existence of a fact in issue or a relevant fact. Before coming to its admissibility aspect there are two ingredients which explains at the same time puts forth the essentials of an admission. Firstly, Admission is always adverse to one’s own interest and secondly, admission will be admitted only against the person who is admitting it with nominal exceptions to this rule.

In a civil suit, such admissions can also be made. Such admissions help in a speedy delivery of justice since such do away with the requirement of proving any fact or document rather such matter can be conveniently adjudicated upon. In fact, the judgement or decree may be passed on such admissions.[2]

The intent of the legislature to bring provisions regarding admissions in a civil proceeding is therefore based on pillars of saving the costs of such proof which would be incurred if any fact or document is required to be proved. At the same time, while cheapening the litigation, it also shortens it durations.[3] The Select Committee also pointed the primary objective so this provision as “The Committee think the practice of admission may with advantage be extended to facts as well as documents. The procedure is not compulsory but its adoption would result in cheapening and expediting litigation, and it is hoped that its use will be encouraged by the courts.” It is therefore considered the strongest piece of evidence which need not to be proved. It has also been held that what a party admits to be true should be presumed to be true and no exception can be taken to this proposition.[4]

Admission hence forth, can be made on facts or on documents provided made on notice.[5] The admissions of facts can be either made in pleadings[6] or otherwise than in pleadings. The admissions which are made in pleadings can be made either expressly[7] or constructively.[8] While admission of facts which are made otherwise than in pleadings can be made during examination by court[9] or in answer to interrogatories[10] or on notice[11] or on oath[12] or by agreement of parties.[13]

It is to be kept in mind that admissions are not conclusive proof as to truth of the matter which is put forth. It is further observed that it is only a piece of evidence and the weight it carries for its admissibility must depend upon the facts and circumstances of each case along with the balance of the matter in issue. In case if the same is held to be erroneous and untrue, such conclusiveness shall not be determined at all. At the same time, a restriction, eually important lies on the courts and on the litigation that such admission shall, having obligatory effect must be taken as a whole and not in parts at all. If such admission admitted is taken partly in evidence, such shall be void in itself. It has been held that it is not open to the courts to accept a part of it and reject the rest.[14] But there have been many instances where an exception can be drawn to this rule. In a case where one portion of the claim was admitted and other portion of the claim was denied, and both the portions were severable, having this element very necessary to claim it in part, it was held that the plaintiff could ask for a judgement on portion admitted by the defendant.[15]

With regard to admissions, notice has to be given for both facts and documents. In case of documents the procedure is called for after the discovery and inspection of documents. Since the rule is apparent given under Order XI stating either party may call upon the other party to admit within seven days from the date of the service of the notice in prescribed form, the genuineness of any document. If such document is not denied specifically or by necessary implications would be deemed, having a fictional yet authoritative effect to be admitted having an exception as against a person who is under a disability. The court has discretion too to consider a document to be admitted even if such are not made in admissions after recording reasons in writing.

While for admission of facts, any party may, by notice in writing at any time not later than nine days before the day fixed for the hearing, call upon any other party to admit, for the purpose of the suit only, any specific fact or facts, mentioned in such notice. The party who refuses or neglects such an admission must bear the costs if the court may direct. As at the risk of repletion, just like such admissions cannot be admitted in parts, the rejection of the same must be done wholly and it cannot be rejected in parts.

The court is also empowered, though discretionarily, to base its judgement entirely on admissions and Rule 6 even provides that the court can do so without even waiting for determination of any other question between the parties thereto in the suit. Therefore as concluding remarks it can be agreed upon that this rule enable a party to obtain a speedy judgement at least to the extent of the relief which the opposite party is admitting which is simply in consonance with the principles of natural justice based upon justice, equity and good conscience.


References

[1] Section 58

[2] Karam Kapahi v. Lal chand Public Charitable Trust (2010) 4 SCC 753

[3] Ibid.

[4] Australian Widow’s Fund Life Assurance Society v. National Mutual Life Association of Australia Limited AIR 1914 PC 220

[5] Order XII Rule 2

[6] Order VII and VIII

[7] Order VII Rule 11 and Order XI Rule 12

[8] Order VIII Rule 3-5 and Order XII Rule 2-A

[9] Order X Rule 1 and 2

[10] Order XI Rule 8 and 22

[11] Order XII Rule 4

[12] Order X Rule 2 and Order XVIII Rule 3

[13] Order XXIII Rule 3

[14] Motabhoy Mulla Essabhoy v. Mulji Haridas AIR 1915 PC 2

[15] Uttam Singh Duggal And Co. Ltd. V. Union Bank of India AIR 2000 SC 2740

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