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Report No. 163

Order XII

Admissions

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2. 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 casts of proving any such document shall be paid by the party so neglecting or refusing, whatever the results of the suit may be, unless the Cowl 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.

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4. Notice to admit facts.- 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 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 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.

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The Code of Civil Procedure (Amendment) Bill, 1997 Back




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