ADMISSION UNDER THE CODE OF CIVIL PROCEDURE, 1908: AN IN-DEPTH

STUDY

Civil Procedure Code

Submitted by

Ankit Bhandari

SM0114048

3rd Year VI Semester

National Law University, Assam

Table of contents
Table of Cases....................................................................................................................................i
Table of Statutes.................................................................................................................................i
Table of Abbreviation........................................................................................................................ii
Aims..................................................................................................................................................1
Objectives..........................................................................................................................................2
Scope and Limitations.......................................................................................................................2
Review of Literature..........................................................................................................................2
Research question..............................................................................................................................2
Research methodology......................................................................................................................3
What is Meant by Admission Under Civil Law.................................................................................4
Specific Denial and deemed Admission..............................................................................................5
Elements of admissions:......................................................................................................................6
Judgment on admissions.....................................................................................................................6
Admissions on pleadings.....................................................................................................................8
Admission by Agreements...................................................................................................................9
Conclusion..........................................................................................................................................12
Bibliography.....................................................................................................................................iii

2
Table of Cases
1. Agenica CJ ltd. v Rishab Manufacturers AIR 1972 MP 147.
2. Amir Beg V Ghulam Nabi, 39 IC 330.
3. Badat & Co. v. East India Trading Co. 1964 AIR 538.
4. Bhawani Prasad v Ram Deo AIR 1975 All 37
5. G. Appanna v G Seethamma AIR 1972 AP 62.
6. Himani Alloys Ltd. v Tata Steel Ltd 2011 (3) CCC 721.
7. Kishan Chand v Sayeeda Khatoon AIR 1983 AP 253
8. Nagubai Ammal and others v. B.Shama Road and others AIR 1956 SC 593
9. R.K. Markan vs. Rajiv Kumar Markan 2003 AIHC 632 (633)
10. Ram Pragas v Gajendra Prasad AIR 1976 Pat 92.
11. Razia Begum v. Sahebzadi Anwar Begum 1958 SC 886
12. Shakuntala v Sardari Lal AIR 1972 P&H 29.
13. Throp v Holdsworth (1876) 3 CD 637.
14. Uttam Singh Duggal v Union Bank of India, AIR 2000 SC 2740.

Table of Statutes
1908, Code of Civil Procedure.

i
Table of Abbreviation.

Verses
v.
A.P Andhra Pradesh
AIHC All India High Court Cases
AIR All Indian Reporter
All Allahabad
Cal. Calcutta
CCC Civil Court Cases
Ed. Edition
M.P. Madhya Pradesh
P&H Punjab and Haryana
S.C. Supreme Court
S.C.C. Supreme Court Cases

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Abstract
This paper focuses on the rule of the admission under the code of the civil procedure 1908.
An admission is any statement made by a party to a lawsuit either before a court action or
during it which tends to support the position of the other side or diminish his own position.
The importance of admission is consist in the fact that either party may, at any stage of the
suit, move for the judgment on the admission made by the other side. Once a fact is admitted
it becomes concluded and hence it is no longer open to court to reopen it and reappraise the
evidence. Further paper deals with the different admissions, elements of the admission under
the code
Keywords: Admission, Civil Procedure Code, Judgment, Pleadings, Agreement.

Introduction.

Through the paper entitled admission under code of civil procedure the paper first deals with
the general meaning of the term admission under the code and what it means as An admission
is any statement made by a party to a lawsuit (either before a court action or during it) which
tends to support the position of the other side or diminish his own position. The second part
of the paper deals with the different provisions of the code which deals with the admission
under the code. But before dealing with the provisions the paper first try to explain the
concept of admission under the civil law. The main object why the legislators bring the
provisions of admission under the code. Thereafter it deals with the different kinds of the
admission under the civil law such as (a) actual admission, (b) express and implied admission
(c)by agreement and notice. Thereafter the paper deals with the elements of admission such
as it is not conclusive and gratuitous or erroneous.

Further the paper deals with the concept of admission at the time of judgment under the code
and the how the judiciary has shaped and interpreted the Order 8 Rule 5 CPC, Order XII Rule
6 and Order XV Rule 1. Thereafter it deals with the admission at the time of the pleadings
and necessary things or condition to be kept in mind while there to be admission at the time
of pleadings and at last the paper deals with the admission on the basis of the agreement.

Aims.
Aim of the paper is to understand the Concept of admission as provided in the Code of Civil
Procedure, 1908.

1
Objectives.
 To understand the concept of admission under Civil law.
 To study and understand the different types of admission under code of civil
procedure.
 To study and analyse judgment on admission, admission on pleadings and admission
on agreement.

Scope and Limitations.

Scope of the project is limited to understand Admission under Civil Law.

Review of Literature.
Books:
1. C.K. Takwani, CIVIL PROCEDURE WITH LIMITATION ACT, 1963, 7th ed. 2013,
Eastern Book Company, Lucknow- Procedural laws prescribe the method for
enforcing rights and duties. The Code of Civil Procedure, 1908 gives the law relating
to the procedure of the courts of civil judicature. It is well acclaimed as a compact
book written in a lucid style. The commentary explains the theoretical as well as
practical aspects of civil procedure. The book provides a complete grasp and
understanding of judgement and decree under the Civil Procedure Code with the help
of landmark judgments and judicial decisions.
2.  Dr. Avtar Singh, CODE OF CIVIL PROCEDURE, 2nd ed. 2009, Central Law
Publications, Allahabad- This scholarly work by Dr. Avtar Singh provides an
unparalleled coverage of Code of Civil Procedure and is a comprehensive analysis of
various legal provisions relating this Procedural Law. It discusses the provisions
relating to judgement and decree in an extensive manner and gives elucidated
meaning to them.
3. Mulla, THE CODE OF CIVIL PROCEDURE, 15th ed. 2012, LexisNexis
Butterworths Wadhwa, Nagpur- The book includes the latest cases, legislative
amendments and current developments in the law relating to civil procedure in India.
In this book, the concept of judgement and decreel has been analysed, in an explicit
manner

Research question.
1. What is the importance of admission under the civil law?
2. What necessary elements of admission under civil procedure code?

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 3. What is meant by specific denial and deemed admission under civil law ?

Research methodology.
The methodology adopted for the purpose of the present research is the doctrinal and the
analytical methods. Both primary and secondary sources have been used for the review of
literature and the collection of data. The primary sources include various statutes, while, the
secondary sources include commentaries, books and articles

3
What is Meant by Admission Under Civil Law
An admission is any statement made by a party to a lawsuit (either before a court action or
during it) which tends to support the position of the other side or diminish his own position.
For example, if a husband sues his wife for divorce on the grounds of adultery, and she states
out of court that she has had affairs, her statement is an admission. Any admission made by a
party is admissible evidence in a court proceeding, even though it is technically considered
hearsay (which is normally inadmissible). Attorneys tell their clients not to talk to anyone
about their case or about the events leading up to it in order to prevent their clients from
making admissions.

The Main object of admission is to do away with the necessity of proving the facts that are
admitted1. Under Civil law admission are of three kinds:

1. Actual admissions, oral or by documents;

2. the express or implied admissions from the pleadings or by non-traverse by
agreement;
3. By agreement or by notice.

The importance of admission is consist in the fact that either party may, at any stage of the
suit, move for the judgment on the admission made by the other side. Once a fact is admitted
it becomes concluded and hence it is no longer open to court to reopen it and reappraise the
evidence.2 If due execution of a hand note is admitted by the defendant the burden then is on
him to show either satisfaction or want of consideration.3

In a suit for eviction of a tenant, the defendant proposed to examine certain witness, for
proving that the lease was for manufacturing purpose. In order to avoid delay, the plaintiff
landlord filed a memo, admitting defendant’s plea subject to the condition that argument in
the case to be heard on a particular date. The condition as to hearing the argument was not
fulfilled. It was held that the admission must either be accepted subject to the condition or not
at all.4

1
Evidence Act 1872, S.58.
2
Bhawani Prasad v Ram Deo AIR 1975 All 37
3
Ram Pragas v Gajendra Prasad AIR 1976 Pat 92.
4
Kishan Chand v Sayeeda Khatoon AIR 1983 AP 253

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But on the other hand a statement relied on as an admission made in pleadings must be taken
as a whole and not in parts. Thus if a written statement incorporates an admission as to
certain facts and also contains a denial of certain facts the cumulative effect of entire
statement must be considered.

The admission need not to be proved unless the court is of opinion or requires the same to be
proved.

Order VIII Rule 5 of CPC deals with special denial the rule states that, every allegation of
fact in the plaint, if not denied specifically or by necessary implication, or stated to be not
admitted in the pleading of the defendant, shall be taken to be admitted except as against a
person under disability:
Provided that the Court may in its discretion require any fact so admitted to be proved
otherwise than by such admission. Further rule states that where the defendant has not filed a
pleading, it shall be lawful for the Court to pronounce judgment on the basis of the facts
contained in the plaint, except as against a person under a disability, but the Court may, in its
discretion, require any such fact to be proved.
The first para of the rule states what amount to admission of facts in pleading. Rule 3 of
Order VIII requires the defendant must deal specifically with each allegations of fact what he
does not admit that truth. The present rule provides that every allegation of fact in the plaint,
if not denied in the written statement, shall be admitted by the defendant 5. What rule says is
that if any allegations of fact must either be denied specifically or by necessary implication or
there should be statement that the fact is not admitted. If the plea is not taken in that manner
then allegation shall be taken to be admitted.
Thus in other words there being No doubt, as per this order, if the defendant does not make
denial of the admissions, then the court will take such facts as pleaded in the plaint to be
admitted. However, the court has been left with the discretion to require the facts to be
proved even if these are admitted or if the party does not deny such facts. However, it has
been made clear under sub-section (4) that if the court pronounces judgment over admitted
facts, then the court would pass a decree.
Specific Denial and deemed Admission.

Rule 3 of Order VIII requires that the defendant must deal specifically with each allegation of
act of which he does not admit the truth. Rule 5 provides that every allegation of fact in the
plaint, if not denied in the written statement shall be taken to be admitted by the defendant,
5
Amir Beg V Ghulam Nabi, 39 IC 330.

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What this rule says is that any allegation of fact must either be denied specifically or by a
necessary implication or there should be at least a statement that the fact is not admitted. If
the plea is not taken in that manner, then the allegation shall be taken to be admitted

The combined effect of Rules 3, 4 and 5 has been considered by Subba Rao, J.in the case
of Badat & Co. v. East India Trading Co.6 in the following words:

 "These three rules form an integral code dealing with the manner in which allegations of fact
in the plaint should be traversed and the legal consequences flowing from its non-compliance.
The written statement must deal specifically with each allegation of fact in the plaint and
when a defendant denies any such fact; he must not do so evasively, but answer the point of
substance. If his denial of a fact is not specific but evasive, the said fact shall be taken to be
admitted. In such an event, the admission itself being proof, no other proof is necessary."

A few illustrative cases will make the position clear:

In an action against a lessee to set aside the lease, the plaintiff alleges in his plaint that the
defendant offered to the manager of the plaintiff a bribe of Rs 5000at the defendant’s office
on January 15, 1997; and the defendant in his written statement states that he did not offer to
the plaintiff’s manager a bribe of Rs 5000at the defendant’s office on January 15, 1997; the
denial is evasive. Here the point of substance is that a bribe was offered (neither the day nor
the amount) and that is not met. The defendant might have offered any other amount on
another day at a different place. Since the point of substance is the offer of bribe, it must be
clearly and specifically denied and the defendant should state that he never offered a bribe of
Rs 5000 or of any other sum, on any day, at any place, to the plaintiff’s managers alleged or
at all.

Elements of admissions:
The admissions are not conclusive. They can be gratuitous or erroneous. The admissions can
be withdrawn or explained away. The inference regarding admission could be concluded after
considering the pleadings in entirety. Admissions could be proved to be wrong. Oral
admissions prevail over the record of rights, or documentary evidence. Admissions of the co-
defendant cannot be allowed to be used as against the other defendants. The admissions made
at any time can be proved to be collusive or fraudulent.
Judgment on admissions.

6
1964 AIR 538.

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Besides a judgment which could be passed under Order 8 Rule 5 CPC, Order XII Rule 6 and
Order XV Rule 1 also relate to the judgment on admissions.
Rule 6 of order XII read as follows:
Judgment on admissions – (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.”
The object of the rule is to enable the party to obtain a speedy judgment at least to the extent
of the admissions of the defendant, entitled to relief to the plaintiff. The court should not
unduly narrow down the meaning of this rule, as the objects is to enable a party to obtain
speedy judgment. Where other party had made a plain admission entitling the former to
succeed, it should apply and wherever there is clear admission of facts in the face of which, it
is impossible for the party making such admission succeed. 7 Such an admission in the written
statement could be in the respect of the entire claim made in the suit or even for a part of the
claim for which decree could be passed separately. A bare reading of rule 16 would indicate
that the court either on the application of any party or on its own motion and without waiting
fir determination of any other question between the parties proceed to give judgment as ut
nay think fit having regards to the clear unequivocal admission.8
The rule embedded in Rule 6 Order XII secures that if there is no dispute between the parties
and if there is on the pleadings or otherwise such an admission as to make it plain that the
plaintiff is entitled to particular judgment or order, he should be able to obtain it at once to
the extent of the admission. The rule enables either party at any stage of the suit to obtain or
an appropriate order either on motion by him or by the court acting suo motu on admission
made by the other party. Either party may, by availing himself of the rule, get rid of such
where there is no controversy.9
Since the rule permits the passing of the judgment at any stage without waiting for
determination of other question, it follows that there can be more than one decree is passed at

7
Uttam Singh Duggal v Union Bank of India, AIR 2000 SC 2740.
8
Sir Dinshaw Fardunji Mulla, The Code of Civil Procedure, 18th ed. 2011, p.2091
9
Throp v Holdsworth (1876) 3 CD 637.

7
different stages. The rule however is permissive it does not preclude a party who does not
avail himself of it and proceeds to trail in the ordinary way from relying at the trial on the
admissions made by the opposite party, the rule does not contemplates interim orders; it only
contemplates judgments or decrees to the extent that claim is admitted.10
Relief under Order XII Rule 6 is discretionary in nature. It also confers the court with wide
discretion to decree the suit and it is not bound to pass decree in a proper and reasonable case
and can call for the evidence before passing the decree. Where the averments made in the
written statement gave rise to the trivial issues, the judgment on admission under Order XII
Rule 6 CPC cannot be passed. In case R.K. Markan vs. Rajiv Kumar Markan11Delhi, wherein
it was observed as under:-
“For passing a decree on the basis of admission of the defendants in the pleadings, law is
well settled that the admission has to be unequivocal and unqualified and the admission in
the written statement should also be taken as a whole and not in part....”

Admissions on pleadings
Under the Order XII Rule 6 either party can move for judgment upon admission of fact made
on pleadings or otherwise. Admission in pleadings are either actual or constructive. Actual
admission consists of facts expressly admitted either in pleadings or in answers in
interrogation. Thus where in case in which execution of negotiable instrument was admitted
in the written statement, but the instrument could not be produced for reasons beyond the
control of the party judgment was passed in admission. 12. Similarly admission by a wife in
her written statement that she did not go to her husband for two years after the date of decree
of restitution of conjugal rights is a good substitute for evidence and the husband in such a
case need not prove the wife’s default.13
Constructive admission on the other hand are admissions which are inferred or implied from
pleadings as a consequence of the form of pleading adopted. Constructive admission usually
arises where a defendant has not specifically dealt with some allegations of facts in the plaint
of which he does not admit the truth for as we have seen, every allegations of fact in the
plaint of which he does not admit the truth, for as we have seen, every allegations of fact in
the plaint, if not denied specifically or by necessary implications, stated to be not admitted in
the written statement, will be taken to be admitted in the written statement will be taken to be

10
G. Appanna v G Seethamma AIR 1972 AP 62.
11
2003 AIHC 632 (633)
12
Agenica CJ ltd. v Rishab Manufacturers AIR 1972 MP 147.
13
Shakuntala v Sardari Lal AIR 1972 P&H 29.

8
admitted except against persons under disability. It also arises when a defendant denies an
allegations of fact in the plaint evasively and does not answer the point of substance.
In applying the rule in Indian, it is important to be noted that where a plaintiff applies for a
decree upon constructive admissions in a written statement the court may in its discretion
refuses to pass the decree, if it thinks in the special circumstances of the case that the
defendant must not be held to have admitted facts not specifically denied in his written
statement.
Further Order 12 Rule 6 the court has been conferred power to pass a decree on admission of
the defendant. The power is not to dictate of the statute but is discretionary. The parties have
no absolute right to obtain decree. The court may refuse to pass a decree merely on the basis
of admission.

Admission by Agreements
Order XIV Rule 6 and 7 and Order XXIII rule 6 states that where the parties to suit agreed as
to the question of fact or of law to be decided between them, they can state in the form of an
issue and enter into an agreement that upon finding of the court in the affirmative or negative
of such issue as:
 Where the sum of money specified in the agreement or to be ascertained by the court,
shall be paid by one of the parties to the other, or one of them is entitled to some right
or liability specified in the agreements.
 Some property specified in the agreement or in dispute be delivered by one party to
other.
 One or more party shall do or abstain from doing some particular act specified in the
agreement.
Rule 7 of the Order XIV states that court if the satisfied that if that agreement was executed
in good faith between the parties may pronounce the judgement if deems proper
 That the agreement was duly executed by the parties.
 That they have substantial interest in the decision of such question as aforesaid and
 That the same is fit to be tried and decided.
It shall proceed to record and try the issue and state its finding or decision thereon in the same
manner as if the issue had been framed by the court.
Discretion of the Court to award judgment on admissions:
Admissions before the same are relied upon, it should be clear unequivocal, categorical and
should not be vague and conditional. However there is discretion of the court to exercise

9
power to pass a decree on the basis of such admissions. Similar view was taken by the Apex
Court in judgement delivered in case of Himani Alloys Ltd. v Tata Steel Ltd. 14 wherein court
observed that:
“It is true that a judgment can be given on an “admission” contained in the minutes of a
meeting. But the admission should be categorical. It should be a conscious and deliberate act
of the party making it, showing an intention to be bound by it. Order XII Rule 6 being an
enabling provision, it is neither mandatory nor peremptory but discretionary. The court, on
examination of the facts and circumstances, has to exercise its judicial discretion, keeping in
mind that a judgment on admission is a judgment without trial which permanently denies any
remedy to the defendant, by way of an appeal on merits. Therefore unless the admission is
clear, unambiguous and unconditional, the discretion of the Court should not be exercised to
deny the valuable right of a defendant to contest the claim. In short the discretion should be
used only when there is a clear admission which can be acted upon”
The discretion of the court can be traced through the judgment of the Apex court in case of
Nagubai Ammal and others v. B.Shama Road and others 15 wherein it was observed that
merely because of written admission was made in a different context, such admission may
not become relevant if the party making it has a reasonable explanation of that. Apex court
observed that
“An admission is not conclusive as to the truth of the matter stated therein. It is only a piece
of evidence, the weight to be attached to which must depend on the circumstances under
which it is made. It can be shown to be erroneous or untrue, so long as the person to whom it
was made has not acted upon it is his detriment, when it might become conclusive by way of
estoppel. In the present case, there is no question of estoppel, as the title of Dr. Nanjunda
Rao arose under a purchase which was long prior to the admission made in 1932 and in the
subsequent years. It is argued for the appellants that these admissions at the least shifted the
burden on the plaintiff of proving that the proceedings were not collusive, and that as he
gave no evidence worth the name that these statements were made under a mistake or for a
purpose and were, in fact, not true, full effect must be given to them. Reliance was placed on
the well-known observations of Boran Parke in Slatterie v. Pooley (1840) 6 M and W 664
(669) © that “what a party himself admits to be true may reasonably be presumed to be so”,
and on the decision in 34 Ind App 27 (B), where this statement of the law was adopted. No
exception can be taken to this proposition. But before it can be invoked, it must be shown that

14
2011 (3) CCC 721.
15
AIR 1956 SC 593.

10
there is a clear and unambiguous statement by the opponent, such as will be conclusive
unless explained. It has been already pointed out that the tenor of the statements made by
Abdul Huq, his legal representatives and the plaintiff was to suggest that the proceedings in
O. S. No.100 of 1919-20 were fraudulent and not collusive in character. Those statements
would not, in our opinion, be sufficient, without more, to sustain a finding that the
proceedings were collusive.

It was also observed in case Razia Begum v. Sahebzadi Anwar Begum 16 that order 12 Rule 6
should be read along with proviso to Rule 5 of Order 8 CPC. In this case it was observed that
the court is not bound to grant declaration prayed for on the mere admission of the claim by
the defendant, if the court has reason to insist upon a clear proof apart from admissions. The
result of a declaratory decree confers status not only on the parties but for generations to
come and so it cannot be granted on a rule of admission and, therefore, insisted upon
adducing evidence independent of the admission.

16
1958 SC 886

11
Conclusion
Thus, it can be said that Judgment on admissions dealt under Order XII Rule 6 is not a matter
of right. It is discretionary and should be exercised judicially on the facts and circumstances
of each case. The underlying object of the above mentioned rule is to enable a party to obtain
speedy judgment on admission in respect of admitted claims pending disposal of disputed
claims in a suit. It is not binding on the Court to pass a decree. A decree can be passed only to
the extent of admitted claims for which admissions are clear, unequivocal and unambiguous.
There is no specific form of admission required for a Court to pass a decree. It may be
contained in pleadings or otherwise. It may be in writing or may even be oral.

Even in cases where some dispute has arisen over any admission judgment on such admission
can be passed until there is sufficient material on record to prove such dispute and vague
averments. Moreover, if an admission can be inferred from the facts and circumstances of the
case without dispute, Court can pass a judgment on such admission. Also it can be seen that
judgment on admission can be passed at any stage either on application of party or suo moto.
There is no stipulated time frame within which judgment on admission has to be passed.
Merely because issues are framed in a case is no ground for rejecting an application under
Order XII Rule 6. Judgment of admission can be declined when the admission is qualified
and ambiguous. It can also be denied where vexed and complicated questions of fact or law
have arisen which require adjudication and decision. Furthermore, the Court cannot exercise
power of giving judgment on admission under

Order XII Rule 6 where the defendants have raised objections which go to the very root of
the case. Admission of a fact has to be clear from the facts and it should not be left to
interpretative determination of Court. The Court has to exercise caution while passing a
decree on admissions to see that the suit is not collusive meant to defeat law. Even if there is
an unequivocal admission by a party but the passing of a judgment would work injustice on
it, judgment could be declined.

Order XIV Rule 6 and 7 and Order XXIII rule 6 provides that where the parties to suit agreed
as to the question of fact or of law to be decided between them, they can state in the form of

12
an issue and enter into an agreement that upon finding of the court in the affirmative or
negative of such issue.

13
Bibliography
Books:
1. C.K. Takwani, CIVIL PROCEDURE WITH LIMITATION ACT, 1963, 7th ed. 2013,
Eastern Book Company, Lucknow.
2.  Dr. Avtar Singh, CODE OF CIVIL PROCEDURE, 2nd ed. 2009, Central Law
Publications, Allahabad.
3. Mulla, THE CODE OF CIVIL PROCEDURE, 15th ed. 2012, LexisNexis
Butterworths Wadhwa, Nagpur.

Web Sources:

1. Judgment on Admission <http://www.legalservicesindia.com/article/article/judgment-

on-admissions-719-1.html>

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