Report No. 69
9.41. Section 18, third paragraph.-
In the third paragraph, in the first sub-paragraph the word "proceeding" may be retained.
9.42. The third paragraph, second sub-paragraph, will not cover criminal proceedings, while the third paragraph, sub-paragraph (1) would (as at present) extend to criminal cases also. We do not, as a matter of policy, wish to extend the third paragraph, second sub-paragraph, to criminal cases.
9.43. Structural changes needed in section 18.-
Apart from the points of expression and points of substance discussed above, it is desirable that the structure of section 18 should be revised. In the first place, it would obviously be convenient if the paragraphs are numbered in the usual form.
9.44. Then, the first paragraph of the section mixes up parties and agents. These should be kept separate, for the sake of convenience and neatness.
9.45. The third paragraph of the section deals with two situations,-persons with (joint interest, and privies. These two should be dealt with separately, since the two stand in categories different from each other.
In the light of the above discussion, we recommend that section 18 should be revised as follows:-
"18. (1) Statements made by a party to the proceeding are admissions.
[Ex. Section 18, first para. in part].
(2) Statements made by an agent to a party to the proceeding, whom the court regards, under the circumstances of the case, as expressly or impliedly authorised by him to make them, are admissions.
[Ex. Section 18, first para., in part].
(3) Statements made by parties to a civil proceeding, where the proceeding is instituted by or against them in their representative character, are not admissions, unless they were made while the party making them held that character.
[Ex. Section 18, second para.].
(4) Statements made by persons who have a joint proprietary of pecuniary interest in the subject-matter of the proceeding are admissions, provided the following conditions are satisfied:
(a) such statements are made by such persons in their character of persons so interested, and during the continuance of the interest of the persons making the statements;
(b) such statements relate to the subject-matter of the proceeding.
[Ex. Section 18, third para., sub-para. (1)].
(5) Statements made by persons from whom the parties to the civil proceeding have derived their interest in the subject-matter of the proceeding are admissions, if they are made during the continuance of the interest of the persons making the statements."
[Ex. Section 18, third para., sub-para. (2)].