I have considered the rival circumstances and the
submissions made. One of the objects of Order 12 Rule 2A of
C.P.C. is to curtail the time taken for recording of evidence and
exhibiting the documents and thereby expediting the trial. Order
12 Rule 2A of C.P.C. in turn provides that every document which a
party is called upon to admit, if not denied specifically or by
necessary implication, or stated to be not admitted in the pleading
of that party or in his reply to the notice to admit documents, shall
be deemed to be admitted except as against a person under a
disability. The proviso to Order 12 Rule 2A(1) of C.P.C. states that
the Court in its discretion and for reasons to be recorded require
any document so admitted to be proved, otherwise than by such
admission.
It can thus be seen that once, in pursuance of a notice
to admit the documents, the party concerned does not deny the
documents specifically or by necessary implication, the same shall
be deemed to be admitted. In fact, there was no dispute denying
the arguments at the Bar that the documents will have to be
treated to be admitted in evidence. The only question is about
marking of exhibits. Normally, mere marking of documents as
exhibits does not amount to proof and it is always open to the
Court to decide the same in accordance with law. The format of
notice as provided in Form No. 9 of Appendix C in the C.P.C. would
also show that the admission as envisaged under Order 12 Rule 3
of C.P.C. is subject to all just exceptions to the admissibility of
such documents as evidence in such suits. Both the cases cited on
behalf of the respondents arose out of a situation where the
parties had led oral evidence. In other words, in none of the cases
cited above, there was a notice to admit documents given. Be that
as it may, having regard to the provisions of Order 12 Rule 2A of
C.P.C. and the fact that the documents are not specifically denied,
the documents will have to be treated as admitted, subject to all
just exceptions as to the admissibility of the documents as
evidence. Thus, the petition will have to succeed. Accordingly, the
impugned order is hereby set aside. The application filed by the
petitioner is allowed. The documents produced alongwith notice to
admit the documents shall be treated to be admitted, subject to all
just exceptions to their admissibility as evidence.
IN THE HIGH COURT OF BOMBAY AT GOA
WRIT PETITION NO. 653 OF 2015
M/s Sociedade de Fomento
Industrial Limited,
Versus
Smt. Sita Shripad Narvekar,
CORAM:- C. V. BHADANG, J.
DATE:- 19th OCTOBER, 2015.
Citation:2016(2) MHLJ 958
Print Page
submissions made. One of the objects of Order 12 Rule 2A of
C.P.C. is to curtail the time taken for recording of evidence and
exhibiting the documents and thereby expediting the trial. Order
12 Rule 2A of C.P.C. in turn provides that every document which a
party is called upon to admit, if not denied specifically or by
necessary implication, or stated to be not admitted in the pleading
of that party or in his reply to the notice to admit documents, shall
be deemed to be admitted except as against a person under a
disability. The proviso to Order 12 Rule 2A(1) of C.P.C. states that
the Court in its discretion and for reasons to be recorded require
any document so admitted to be proved, otherwise than by such
admission.
It can thus be seen that once, in pursuance of a notice
to admit the documents, the party concerned does not deny the
documents specifically or by necessary implication, the same shall
be deemed to be admitted. In fact, there was no dispute denying
the arguments at the Bar that the documents will have to be
treated to be admitted in evidence. The only question is about
marking of exhibits. Normally, mere marking of documents as
exhibits does not amount to proof and it is always open to the
Court to decide the same in accordance with law. The format of
notice as provided in Form No. 9 of Appendix C in the C.P.C. would
also show that the admission as envisaged under Order 12 Rule 3
of C.P.C. is subject to all just exceptions to the admissibility of
such documents as evidence in such suits. Both the cases cited on
behalf of the respondents arose out of a situation where the
parties had led oral evidence. In other words, in none of the cases
cited above, there was a notice to admit documents given. Be that
as it may, having regard to the provisions of Order 12 Rule 2A of
C.P.C. and the fact that the documents are not specifically denied,
the documents will have to be treated as admitted, subject to all
just exceptions as to the admissibility of the documents as
evidence. Thus, the petition will have to succeed. Accordingly, the
impugned order is hereby set aside. The application filed by the
petitioner is allowed. The documents produced alongwith notice to
admit the documents shall be treated to be admitted, subject to all
just exceptions to their admissibility as evidence.
IN THE HIGH COURT OF BOMBAY AT GOA
WRIT PETITION NO. 653 OF 2015
M/s Sociedade de Fomento
Industrial Limited,
Versus
Smt. Sita Shripad Narvekar,
CORAM:- C. V. BHADANG, J.
DATE:- 19th OCTOBER, 2015.
Citation:2016(2) MHLJ 958
