Tuesday, 1 September 2020

Whether the court can pass judgment on admission based on admissions made in documents of the defendant?

It is now well-established that admissions are not restricted to pleadings. More often than not, contents of the plaint are denied in order to delay proceedings and procrastinate the incidence of liability. Admissions can, therefore, be justly and soundly drawn even from attending circumstances, such as pleadings in other suits or proceedings, or documents exchanged between the parties. Infact, in my opinion, documents constitute the best source of admissions of facts. In the present case, admittedly a license deed was executed by the parties, and the Court need not travel any further. It is bound to treat the contents of such a document as admissions between the parties, and give effect to its contents at the very earliest. Failure to do so would tantamount to encouraging dishonest pleadings. All the averments put forward by the plaintiff are predicated and are sustainable merely from a reading of this deed itself."

12. Indubitably, Order XII Rule 6 CPC confers a wide discretion upon the Court to decree any suit to the extent of admissions made. Such admissions may be made in the pleadings "or otherwise". The discretion is to be exercised judicially; however, the power encompasses not only pleadings but other materials such as documents, correspondence and the like.
Delhi High Court
Gajender Kumar Loond vs Samant Barara on 9 February, 2012
Author: Reva Khetrapal

IA No.13740/2011 in CS(OS) 1132/2011
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