Admission and denial of documents under the Code of Civil Procedure (CPC), 1908, is a critical procedural stage used to narrow the scope of a trial, expedite proceedings, and reduce costs. It forces parties to confirm the existence, execution, or authenticity of documents, limiting evidence only to disputed items.
Key Reasons for Admission/Denial of Documents:
- Narrowing Issues: It defines exactly which documents are disputed, allowing the court to focus only on those.
- Saving Time & Costs: By admitting genuine documents (e.g., public records, registered deeds), the parties avoid the long process of proving them through witnesses or authors.
- Mandatory Requirement: In commercial disputes, filing a formal statement of admission/denial is mandatory, often within 120 days of summons, or the defense may be stricken off.
- Legal Validity: It helps establish if a document was properly executed, received, or maintained in custody
Failing to deny a document specifically can be interpreted as an admission of its authenticity. Therefore, it is a crucial tool to prevent unnecessary delays and ensure only genuine evidence is contested.
Print Page
No comments:
Post a Comment