Civil Procedure Code - Admission and Effect (Order 12)
Admission mean accepting something. That could be some fact, could be document.
Admission is suit saves time, expenses and make trial fast, since after admission of something facts admitted need not be proved as per Section 58 of Indian Evidence Act.
Admissions come at crucial stage in trial. Trial is lengthy process. After submission of plain/WS and before decree passed, trial goes through below stages.
In this blog we will deal with Admission and Effect.
Different kind of Admission in CPC
There are really different kinds of admission in CPC.
An Example
To understand the ideas related to admission let us take one fictional example.
Buyer of Flat from a Builder files a suit for damages for delayed delivery of flat. Plaint consist of various fact like Buyer made the payment, delivery was to be done withing 6 months, etc..etc.
The document involved in issue would be agreement to sale, bank statements. Facts involved would be delayed delivery, payment made etc. If such facts are admitted by defendant, then such facts really need not be proved in court. It would make all trial easy, faster ,time saving. That is why we need admissions.
Order 12 provisions
Rule 1 states that you can send a notice to other party that you accept certain facts.
Also you can send notice to other party to admit things you want other party to admit.
Admission of Documents
Let us first discuss about admission of documents.
To get the admission of document from other party, you have to send a notice to other party as per Rule 2. Other party has to revert back to you within 15 days.
If other party refuses/neglect your notice, and at later stage such document needs to be proved then such party has to pay a cost of it.
If document is not denied specifically then such document would be deemed to be admitted as per Rule 2A.
Form of Such notice should be as per Form No 9, Appendix C as per Rule 3
Rule 2/2A can be described as below:
Admission of Facts
Admission of facts are dealt in Rule 4. Procedure is similar as that of documents.
You have to send notice, other party has to reply. Simple.
If party refuse/neglect, and later such facts needs to be proved cost for this is to be born by the party who refused/neglected the notice.
Form of the notice should be as per Form no 10 Appendix C, and Format of the admission to reply to such notice should be as per Form 11, Appendix C.
One important thing here. The admission made in reply of notice are only for Current suit, and person who makes an admission. Such admissions should not be used on different suit against same person, or different person in same suit.
Rule 4 in short:
Judgment Based on Admission.
We will writing only few lines about it, but it's extremely important. Court can give a judgment based on the admission.
Such judgment can be made based on application of party or by Court's own discretion.
This is provided in Rule 6.
There is good article about this by Hon'ble judge. Please read for more insight.
Other provision
Below are some other provision from Order 12.
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