ORDER XII ADMISSION - RULE 5, 6, 7, 8, 9 OF CODE OF CIVIL PROCEDURE 1908

What is Form of admissions? What is the meaning of Judgment on admissions? What is Affidavit of signature? What is the meaning of Notice to produce documents? What are Costs? Rule 5, 6, 7, 8 and 9 of Order XII of Code of Civil Procedure 1908

Form of admissions, Judgment on admissions, Affidavit of signature, Notice to produce documents and Costs are defined under Rule 5, 6, 7, 8 and 9 of Order XII of Code of Civil Procedure 1908. Provisions under these Rules are:


 

Rule 5 Order XII of Code of Civil Procedure 1908 "Form of admissions"

A notice to admit facts shall be in Form No. 10 in Appendix C, and admissions of facts shall be in Form No. 11 in Appendix C, with such variations as circumstances may require.

Rule 6 Order XII of Code of Civil Procedure 1908 "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 (J) a decree shall be drawn up in accordance with the judgment and the decree shall bear the date on which the judgment was pronounced.

Rule 7 Order XII of Code of Civil Procedure 1908 "Affidavit of signature"

An affidavit of the pleader or his clerk, of the due signature of any admissions made in pursuance of any notice to admit documents or facts, shall be sufficient evidence of such admissions, if evidence thereof is required.

Rule 8 Order XII of Code of Civil Procedure 1908 "Notice to produce documents"

Notice to produce documents shall be in Form No. 12 in Appendix C, with such variations as circumstances may require. An affidavit of the pleader, or his clerk, of the service of any notice to produce, and of the time when it was served, with a copy of the notice to produce, shall in all cases be sufficient evidence of the service of the notice, and of the time when it was served.

Rule 9 Order XII of Code of Civil Procedure 1908 "Costs"

If a notice to admit or produce specifies documents which are not necessary, the costs occasioned thereby shall be borne by the party giving such notice.

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