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Admissions in CPC

Updated: May 5

Admission in CPC


Admission provisions in CPC

Section 58 of the Evidence Act, 1872 stipulates that admitted facts do not require proof. Admissions can occur before or after the initiation of a suit.

The purpose of securing admissions is to eliminate the need for proving facts that are already acknowledged, and judgments and decrees can be based on such admissions.

As the saying goes, "What a party admits to be true may reasonably be presumed to be so."

The implementation of the procedure outlined in Order 12 (Admissions by Notice) serves to reduce the expenses associated with proving such facts and contributes to the cost-effectiveness and expeditious resolution of legal disputes.

The primary aim of admission is to eliminate the need for proof. The Select Committee remarked, "The Committee believe that the practice of admission could be beneficially expanded to include facts in addition to documents.

Although this procedure is not mandatory, its adoption would lead to a reduction in the cost and duration of litigation, and it is hoped that courts will promote its use."

The significance of admissions cannot be overstated. They represent the most compelling and reliable form of evidence, as the facts acknowledged do not require further substantiation.

Admissions streamline the legal process, saving both time and money while expediting trials. What a party admits to be true should be accepted as true without exception.

Conclusiveness of Admission

An admission does not conclusively establish the truth of the matter stated within it. It serves as a form of evidence, and the significance of such admission should be evaluated based on the circumstances surrounding its making.

It can be demonstrated to be inaccurate or false, as established in the case of Nagubai Ammal v. B. Shama Rao (AIR 1956 SC 5).


Admission to be taken as whole

Admissions must be considered in their entirety; they cannot be selectively accepted or rejected by the court. The principle is well-established that an admission must be accepted in full or not at all.

However, in cases where one part of a claim is admitted while another part is denied, and both parts are capable of being separated, the plaintiff may seek a judgement based on the portion admitted by the defendant.

Admission of Documents

Following discovery and inspection, either party can request the other party to admit, within seven days from the service of the notice in the prescribed form, the authenticity of any document.

In the event of refusal or neglect to admit a document, even after receiving notice, the party responsible for the refusal or neglect will bear the costs of proving the document, regardless of the outcome of the suit, unless directed otherwise by the court.

Any document that a party is asked to admit will be considered admitted if it is not specifically denied or if denial is not implied, or if it is not stated to be not admitted in the party's pleading or in response to the notice to admit documents, except in the case of a person under a disability.

However, the court, at its discretion and after providing reasons, may require any admitted document to be proved by means other than admission.

A person unreasonably failing or refusing to admit a document may be ordered to pay penal costs to the other party. Additionally, the court may, on its own initiative (suo motu), require any party to admit a document at any stage of the proceedings.

Admission of documents entails the admission of the facts contained therein. However, if a document is admitted only for a specific purpose, such as dispensing with formal proof, it does not imply acceptance of the facts stated in the document.


Admission of Facts

Rules 4 and 5 outline the procedure for issuing notice to admit facts. At any time not later than nine days before the scheduled hearing, any party can serve a written notice on the other party, requesting them to admit, solely for the purpose of the suit, specific facts listed in the notice.

The party failing or neglecting to admit the specified facts within six days after receiving such notice will be responsible for the costs of proving those facts, regardless of the outcome of the suit, unless directed otherwise by the court.

It's important to note that any admission resulting from such a notice should be accepted or rejected in its entirety; partial acceptance while ignoring other parts is not permissible.

Similarly, if an admission is made subject to a condition, it must be accepted only with that condition.

Judgement on Admissions

Rule 6 grants the court authority to render a judgement based on the admissions made by the parties, without the need to resolve any other disputes between them.

The purpose of this rule is to expedite the process, allowing a party to obtain a swift judgement regarding the relief they are entitled to, according to the admissions made by the opposing party.

This enables the resolution of uncontested portions of the case without delay.

In the case of Throp v. Holdsworth, Jessel, M.R. explained that this rule enables parties to dispose of uncontested aspects of the case.

In Uttam Singh Duggal & Co. Ltd. v. United Bank of India, the Supreme Court affirmed that where a claim is admitted, the court has the jurisdiction to enter a judgement for the plaintiff based on the admitted claim.

However, it's essential to recognize that the power to render judgement under this rule is discretionary and enabling in nature, not mandatory.

The court is not obligated to issue a judgement based on admission, as indicated by the use of the term "may" and "make such order." Therefore, a party cannot demand a judgement based on admission as a matter of right.

Since a judgement on admission constitutes a decision without a trial, the court must exercise judicial discretion carefully, considering whether it is appropriate to render such a judgement.

If the court believes that a judgement on admission is unsafe or that the case involves complex issues that cannot be resolved based on admission alone, it may refuse to issue such a judgement and may instead require clear proof of even admitted facts.

Moreover, before rendering a judgement based on admission, the court must ensure that the admission is definite and unequivocal.

Whether an admission is clear and unequivocal depends on the specific circumstances of each case. A judgement based on admission can be rendered at any stage of the suit, and in appropriate cases, the court may allow a party to explain a previous admission.


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