In Nagindas Ramdas v. Dalpatram Ichharam this Court held:
Admissions if true and clear, are by far the best proof of the facts admitted. Admissions in pleadings or judicial admissions, admissible under Section 58 of the Evidence Act, made by the parties or their agents at or before the hearing of the case, stand on a higher footing than evidentiary admissions. The former class of admissions are fully binding on the party that makes them and constitute a waiver of proof. They by themselves can be made the foundation of the rights of the parties. On the other hand, evidentiary admissions which are receivable at the trial as evidence, are by themselves, not conclusive. They can be shown to be wrong.
Supreme Court of India
Gautam Sarup vs Leela Jetly And Ors. on 7 March, 2008
Equivalent citations: (2008) 4 MLJ 468 SC, 2008 (4) SCALE 459
Bench: S Sinha, V Sirpurkar