Code of Civil Procedure, 1908 (CPC)
Admission and Judgment on Admission Distinguished
An admission is a statement that a fact is true, made by a party or someone connected with him. A judgment on admission is what a court may do with it. The two are often run together, and they are separated by a single word in Order XII Rule 6 of the Code of Civil Procedure, 1908: the court may give judgment. An admission is evidence; a judgment on admission is a decision, and the discretion of the court stands between them. These notes cover both, and what makes an admission strong enough to found a judgment.
The admission, the discretion in Rule 6, and the judgment
1. What an Admission Is
§ Where admissions come from • In the pleadings. Under Order VIII Rule 5, every allegation of fact in the plaint which is not denied specifically or by necessary implication, or stated to be not admitted, shall be taken to be admitted, except as against a person under disability. • On a notice to admit. Order XII Rules 1 to 4 allow a party to give notice admitting facts, and to call on the other to admit documents or facts; a party who refuses or neglects to admit after such notice bears the costs of proving them under Rule 3A. • Otherwise. Order XII Rule 6 covers admissions made in the pleadings or otherwise, whether orally or in writing, so an admission in an affidavit, a letter, a reply to a notice, or a statement in court is included. • The evidentiary background. Sections 17 to 31 of the Indian Evidence Act, 1872 define admissions, say who may make them, and provide in Section 58 that facts admitted need not be proved, though the court may require them to be proved otherwise than by the admission. |
§ What an admission does It relieves the other party of the burden of proving that fact. That is its whole effect as evidence. It is not conclusive. Under the proviso to Section 58 of the Evidence Act, the court may require a fact admitted to be proved otherwise than by such admission, and an admission may be explained or shown to have been made under a mistake. It binds the maker, and may be proved against him, but he is not necessarily precluded from showing the true position, unless estoppel applies. |
2. Judgment on Admission: Order XII Rule 6
§ Order XII Rule 6, CPC 1908 (1) Where admissions of fact have been made either in the pleading or otherwise, whether orally or in writing, 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. (2) Whenever a judgment is pronounced under sub-rule (1), a decree shall be drawn up in accordance with the judgment and the decree shall bear the date on which the judgment was pronounced. |
§ Four features of the rule • Any stage, and of the court's own motion. The rule is not confined to an application by a party, and it may be invoked before issues are framed or at any later point. • Without waiting for other questions. A judgment may be given on part of the claim while the rest of the suit continues, which is the practical use of the rule. • The admission may be anywhere. In the pleadings or otherwise, orally or in writing. The 1976 amendment widened the rule to that effect. • The word is MAY. The court is not bound to give judgment merely because an admission exists; the rule confers a discretion, exercised having regard to the admission. |
3. What Makes an Admission Strong Enough
Requirement | Explanation |
|---|---|
Clear and unambiguous | The admission must admit the fact plainly. A statement capable of two readings does not found a judgment |
Unconditional | An admission qualified by a plea that would defeat the claim, such as an admission of the loan coupled with a plea of repayment, is not an admission for this purpose |
Of fact, not of law | An admission as to the legal effect of a document, or as to the law applicable, does not bind, since the court decides the law |
Sufficient to support the judgment sought | It must go far enough that nothing essential to the relief remains in dispute; a partial admission supports only a partial judgment |
Made by a person competent to make it | By the party, or by a person whose statements are admissions against him under Sections 18 to 20 of the Evidence Act |
§ When the discretion is refused Where the admission is qualified or coupled with a plea that, if established, would answer the claim. Where a genuine triable defence remains, so that giving judgment would decide the suit on an incomplete view. Where the questions are entangled, and a judgment on part would embarrass the trial of the rest. Where the admission is disputed as having been made, or the party seeks to withdraw it; under Order XII Rule 4, an admission of a document made on notice may be withdrawn with the permission of the court. |
4. The Two Compared
Basis | Admission | Judgment on admission |
|---|---|---|
What it is | A statement that a fact is true, made by or attributable to a party | A decision of the court, given having regard to that statement |
Nature | EVIDENCE, governed by Sections 17 to 31 and 58 of the Evidence Act | An ADJUDICATION, governed by Order XII Rule 6 |
Its effect | Relieves the other party of the burden of proving the fact | Ends the suit, or part of it, without a trial on that part |
Is it binding on the court? | No; the court may require the fact to be proved otherwise | The judgment binds the parties and is a decree |
Who acts | The party, by making the statement | The court, in its discretion, on application or of its own motion |
Result | A fact need not be proved | A decree is drawn up under sub-rule (2), appealable under Section 96 |
Can it be withdrawn? | An admission of a document on notice may be withdrawn with permission: Order XII Rule 4 | Once the judgment is pronounced, the remedy is an appeal |
5. Landmark Points
- Order XII Rule 6. Where admissions of fact have been made in the pleadings or otherwise, orally or in writing, the court may at any stage make such order or give such judgment as it thinks fit.
- The word MAY. The rule confers a discretion, and a party cannot demand judgment merely because an admission exists.
- Order VIII Rule 5. An allegation not specifically denied or stated to be not admitted is taken to be admitted, except against a person under disability.
- Section 58, Evidence Act, 1872. Facts admitted need not be proved, but the court may require them to be proved otherwise than by the admission.
- The admission must be clear, unambiguous, unconditional and of fact, and must go far enough to support the judgment sought.
- Order XII Rule 6(2). A decree is drawn up in accordance with the judgment and bears the date it was pronounced.
6. Frequently Asked Questions
What is the difference between an admission and a judgment on admission?
An admission is evidence: a statement that a fact is true, which relieves the other party of the burden of proving it. A judgment on admission is a decision of the court under Order XII Rule 6, given having regard to that admission, which ends the suit or part of it.
Can a court be compelled to give judgment on an admission?
No. Order XII Rule 6 says the court may give such judgment as it thinks fit. The discretion is refused where the admission is qualified, where a genuine triable defence remains, or where a partial judgment would embarrass the trial of the rest.
Where may the admission be found?
In the pleadings, including an allegation not specifically denied under Order VIII Rule 5; in a notice to admit under Order XII Rules 1 to 4; or otherwise, orally or in writing, such as in an affidavit, a letter or a statement in court.
What kind of admission supports a judgment?
One that is clear, unambiguous and unconditional, made as to a fact rather than to the law or the legal effect of a document, and going far enough that nothing essential to the relief sought remains in dispute.
Can judgment be given on part of a claim?
Yes. Rule 6 expressly allows the court to act without waiting for the determination of any other question between the parties, so a judgment may be given on an admitted part while the rest of the suit continues.
Is an admission conclusive?
No. Under the proviso to Section 58 of the Evidence Act, the court may require a fact admitted to be proved otherwise than by the admission, and an admission may be explained or shown to have been made by mistake.
Can an admission be withdrawn?
An admission of a document made in response to a notice to admit may be withdrawn with the permission of the court under Order XII Rule 4. An admission in the pleadings may be corrected only by an amendment allowed under Order VI Rule 17.
7. Related Topics in This CPC Series
- Order XII: Admissions and Judgment on Admissions
- Order XIII-A: Summary Judgment in Commercial Suits
- Plaint and Written Statement Distinguished
- Order VI: Pleadings, Verification and Amendment