Home > Code of Civil Procedure, 1908 > Order XII Rules 5-9

Order XII CPC - Admissions: Rules 5, 6, 7, 8 and 9

Rules 5 to 9 of Order XII of the Code of Civil Procedure, 1908 deal with the prescribed form of admissions, judgment on admissions, proof of signatures on admissions, notice to produce documents, and costs where unnecessary documents are specified in a notice.

Current-law note: The provisions below follow the current central text of the Code of Civil Procedure, 1908. Rule 6 permits the Court to pronounce judgment on admissions at any stage of the suit, whether the admissions are in pleadings or otherwise, orally or in writing. State amendments and special procedural regimes should be checked where applicable. See the official Code of Civil Procedure, 1908 on India Code.

Rule 5 Rule 6 Rule 7 Rule 8 Rule 9

Rule 5 - 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 - 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 (1), 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 - 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 - 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 - 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.