Order XII of the Code of Civil Procedure, 1908 (CPC), deals with admissions in civil proceedings. Admissions play a crucial role in expediting litigation by allowing courts to pass judgments based on facts that parties do not dispute. This mechanism ensures a more efficient resolution of cases, saving both time and resources for the parties and the judiciary.

DEFINITION AND NATURE OF ADMISSIONS

While the CPC does not explicitly define “admission,” Section 17 of the Indian Evidence Act, 1872, describes an admission as a statement, oral or documentary, which suggests any inference as to any fact in issue or relevant fact. Admissions can be made in pleadings, documents, or orally during proceedings. They serve as a waiver of proof, meaning the admitted facts need not be proven during the trial, thereby streamlining the judicial process.

LEGAL PROVISIONS UNDER ORDER XII

Order XII comprises several rules that outline the procedure and effect of admissions:

• Rule 1: Notice of Admission of Case

  • A party may, by their pleading or otherwise in writing, admit the truth of the whole or any part of the case of any other party.

• Rule 2: Notice to Admit Documents

  • Any party may call upon the other party to admit, within seven days from the date of service of the notice, the authenticity of any document.

• Rule 2A: Document Deemed to be Admitted if not Denied After Service of Notice

  • If the party receiving the notice does not deny the document’s authenticity within the prescribed time, it is deemed to be admitted.

• Rule 3: Form of Notice

  • Notices to admit documents should be in the prescribed form as per Appendix C, with necessary variations.

• Rule 4: Notice to Admit Facts

  • A party may, by notice, call upon the other party to admit any specific fact or facts.

• Rule 5: Form of Admissions

  • Admissions of facts should be in writing and in the prescribed form, with necessary variations.

• Rule 6: Judgment on Admissions

  • Where admissions of fact have been made, either in the pleading or otherwise, the court may, at any stage of the suit, either on the application of any party or of its own motion, and without waiting for the determination of any other question between the parties, make such order or give such judgment as it may think fit, having regard to such admissions.

JUDGMENT ON ADMISSIONS (ORDER XII RULE 6)

Order XII Rule 6 empowers courts to pass judgments based on clear and unequivocal admissions made by the parties, either in pleadings or otherwise. This provision aims to expedite the disposal of cases where there is no substantial dispute regarding the facts admitted. However, the exercise of this power is discretionary and should be employed judiciously.

ESSENTIALS FOR INVOKING RULE 6

For a court to pass a judgment under Order XII Rule 6, the following conditions must be satisfied:

• Clear and Unambiguous Admission

  • The admission must be unequivocal and unambiguous. In Karan Kapoor v. Madhuri Kumar (2022), the Supreme Court held that the power under Order XII Rule 6 should only be used when the admission of documents or facts is unmistakable, categorical, and clear.

• Admission in Pleadings or Otherwise

  • Admissions can be made in pleadings, documents, or orally during proceedings. The court can act upon such admissions at any stage of the suit.

• Discretionary Power of the Court

  • The use of the word “may” in Rule 6 indicates that the court has discretion in passing a judgment based on admissions. This discretion must be exercised judiciously, keeping in mind the facts and circumstances of each case.

CASE LAWS ILLUSTRATING THE APPLICATION OF ORDER XII RULE 6

1. Karan Kapoor v. Madhuri Kumar (2022)

   • Facts: The plaintiff sought a decree based on admissions made by the defendant regarding the ownership of a property.
   • Issue: Whether the admissions were clear and unequivocal to warrant a judgment under Order XII Rule 6.
   • Held: The Supreme Court held that the admissions were not categorical and explicit. Therefore, a full trial was necessary to determine the merits of the case.

2. Himani Alloys Ltd. v. Tata Steel Ltd. (2011) 15 SCC 273

   • Facts: The plaintiff filed for recovery of dues, claiming that the defendant had admitted the liability in correspondence.
   • Issue: Whether the correspondence constituted a clear admission of liability.
   • Held: The Supreme Court observed that unless the admission is clear, unambiguous, and unconditional, the discretion of the court should not be exercised under Order XII Rule 6.

PRINCIPLES GOVERNING ADMISSIONS

• Evidentiary Value

  • Admissions are substantive evidence of the facts admitted. However, they are not conclusive proof and can be explained or rebutted by the party making the admission.

• Binding Nature

  • An admission, unless withdrawn or proved erroneous, is binding on the party making it. It dispenses with the need for the other party to prove the admitted fact.

• Admissions in Pleadings vs. Other Admissions

  • Admissions in pleadings are judicial admissions and are binding, whereas admissions made elsewhere are informal and can be explained.