Civil Procedure Code & Limitation Act LSF – 10

Answer to Question: Admission (Order 12, CPC)

I. Overview of Admission

Admission, as per Order 12 of the Civil Procedure Code (CPC), refers to the process whereby parties to a suit may admit certain facts, thereby reducing the range of factual disputes in litigation.

II. Provisions of Admission (Order 12)

A. Notice of Admission:

  1. Procedure: Either party can serve a written notice to the other, asking them to admit certain facts or documents.
  2. Response Time: The party receiving the notice must respond within a specified time frame.

B. Consequences of Admission:

  1. Binding Nature: An admission is generally binding on the party making it, unless proved to be made under a misconception.
  2. Reduction of Proof Burden: Admitted facts need not be proved, saving time and resources in the litigation process.

C. Non-Admission:

  1. Refusal to Admit: If a party refuses to admit a fact, they may be required to prove it during the trial.
  2. Costs: If a fact is later proved, which was earlier refused to be admitted, the refusing party may bear the costs.

D. Judicial Admission:

  1. Made in Court: Admissions made in pleadings or during the hearing are considered judicial admissions.
  2. Effect: Judicial admissions are highly conclusive and typically do not require further evidence to prove the admitted fact.

E. Amendment and Withdrawal:

  1. Circumstances: In certain circumstances, courts may allow withdrawal or amendment of an admission.

III. Importance in Civil Litigation

Admissions under Order 12 play a crucial role in civil litigation. They help in clarifying and narrowing down the issues, thereby facilitating a more efficient resolution of disputes. By admitting certain facts or documents, parties can avoid unnecessary litigation on matters that are not in dispute, focusing instead on the real points of contention.

In conclusion, the provisions of Admission under Order 12 of the CPC are designed to streamline the litigation process by encouraging parties to acknowledge undisputed facts, which in turn aids in the efficient administration of justice.