ORDER XII ADMISSION - RULE 1, 2, 2A 3, 3A, 4 OF CODE OF CIVIL PROCEDURE 1908

What is Notice of admission of case? What is notice Notice to admit documents? What is the meaning Document to be deemed to be admitted if not divided after service of notice to admit documents? What is Form of notice? What is the Power of Court to record admission? What is Notice to admit acts? Rule 1, 2, 3 and 4 of Order XII of Code of Civil Procedure 1908

Notice of admission of case, Notice to admit documents, Document to be deemed to be admitted if not divided after service of notice to admit documents, Form of notice, Power of Court to record admission and Notice to admit acts are defined under Rule 1, 2, 3 and 4 of Order XII of Code of Civil Procedure 1908. Provisions under these Rules are:

Rule 1 Order XII of Code of Civil Procedure 1908 "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.

 

Rule 2 Order XII of Code of Civil Procedure 1908 "Notice to admit documents"

Either party may call upon the other party to admit, within fifteen days from the date of service of the notice 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.

 

Rule 2A Order XII of Code of Civil Procedure 1908 "Document to be deemed to be admitted if not divided 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 be 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.

Rule 3 Order XII of Code of Civil Procedure 1908 "Form of notice"

A notice to admit documents shall be in Form No. 9 in Appendix C, with such variations as circumstances may require.

Rule 3A Order XII of Code of Civil Procedure 1908 "Power of Court to record admission"

Notwithstanding that no notice to admit documents has been given under rule 2, the Court may, at any stage of the proceeding before it, of its own motion, call upon any party to admit any document and shall in such a case, record whether the party admits or refuses or neglects to admit such document.

 

Rule 4 Order XII of Code of Civil Procedure 1908 "Notice to admit acts"

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 the 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.