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Report No. 54

Chapter 12



12.1. As an alternative to interrogatories and discovery of documents, a party can avail himself of the procedure prescribed in Order 12, of calling upon the other party by notice to admit facts or documents. Notice to admit facts would, in many cases, supersede interrogatories, and thus save expense and delay. Notice to admit documents could similarly save expense and delay of proving the documents if the documents are admitted in response to the notice.

Order 12, rule 6

12.2. Where a claim is admitted, a court has jurisdiction under Order 12, rule 6 to enter a judgment for the plaintiff, and to pass a decree on the admitted claim (with liberty to the plaintiff to proceed with the suit in the ordinary way as to the remainder of the claim).

12.3. The object of the rule is to enable a party to obtain speedy judgment, at least to the extent of the relief to which, according to the admission of the defendant, the plaintiff is entitled1.

1. 1970 Raj LW 549, referred to in the Quinquennial Digest, (1966-1970).

12.4. The rule has been held to be wide enough to cover oral admissions. The use of the words "or otherwise" in rule 6, without the words "in writing" which are used in rule 1 of Order 12, shows that a judgment may be given even on an oral admission1. It is desirable to codify this interpretation.

1. 1970 Raj LW 549, referred to in Quinquennial Digest, (1966-1970).

12.5. It may be noted that under the present rule, a judgment on admissions can be passed only on an application. According to a local amendment1; the Court may, on the application of any party or of its own motion, make such order or give such judgment. This is a useful amendment, and should be adopted.

1. See the Patna Amendment to Order 12, rule 6.

12.6. In our view, it is also desirable to provide that a decree shall follow on a judgment on admissions.


12.7. Accordingly, we recommend that Order 12, rule 6, should be revised as follows:-

"6.(1). Where admissions of fact have been made either on the pleading or otherwise and either orally or in writing, the Court may, at any stage of a suit, on the application of any party or of its own motion, without waiting for the determination of any other question between the parties, make such order or give such judgment as it may think just having regard to such admissions.

(2) Wherever a judgment is pronounced under this rule, a decree shall be drawn up in accordance with such judgment bearing the same date as the day on which the judgment was pronounced".

The Code of Civil Procedure, 1908 Back

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