Order XXXI - Admissions under Supreme Court Rules, 2013
Order XXXI governs admissions in suits instituted before the Supreme Court of India. It incorporates the procedural provisions of Order XII in the First Schedule to the Code of Civil Procedure, 1908 (CPC).
Order XXXI - Admissions: complete provision
Order XXXI (Admissions): Order XII in the First Schedule to the Code with respect to admissions shall apply in suits instituted before the Court.
This Order contains a single incorporating provision. The term Code refers to the Code of Civil Procedure, 1908, and suits instituted before the Court refers to suits within the Supreme Court's original jurisdiction, including suits maintainable under Article 131 of the Constitution of India. The applicable procedural rules must be read with the Supreme Court Rules, 2013 and subsequent amendments, if any.
What is an admission in a civil suit?
An admission is an acknowledgment of a relevant fact or document by a party, which may narrow the matters in dispute. An admission may appear in pleadings, correspondence, answers to notices or other statements. The substantive rules governing admissions as evidence are distinct from the procedural mechanisms in Order XII CPC. An admission is relevant but not necessarily conclusive; its effect depends on the governing law and circumstances.
Order XII CPC - provisions applied through Order XXXI
Rule 1 - Admission of case
A party may admit the truth of the whole or any part of the case of another party by pleading or otherwise in writing.
Rule 2 - Notice to admit documents
A party may call upon another party to admit specified documents, subject to the rule's requirements and consequences relating to costs of proving documents unnecessarily disputed.
Rule 2A - Documents deemed admitted
Documents called upon to be admitted in the prescribed manner may be treated as admitted where they are not specifically denied, subject to the Court's discretion and the safeguards stated in the rule. The Court may require proof notwithstanding a deemed admission.
Rule 3 - Form of notice
A notice to admit documents is to follow the prescribed form, with necessary variations for the case.
Rule 3A - Court's power to record admission
The Court may, of its own motion, call upon a party to admit documents at any stage of proceedings and record whether they are admitted, denied or not admitted.
Rule 4 - Notice to admit facts
A party may serve notice requiring another party to admit specific facts for purposes of the suit. Unreasonable refusal or neglect can carry costs consequences under the rule.
Rule 5 - Form of admissions
Admissions of facts are to be made in the prescribed form, subject to necessary variations.
Rule 6 - Judgment on admissions
Where admissions of fact have been made in the pleadings or otherwise, orally or in writing, the Court may at any stage, on application or on its own motion, give judgment or make an appropriate order without waiting for determination of remaining questions. The admission relied upon must be sufficiently clear and unambiguous to justify such relief.
How admissions affect proceedings before the Supreme Court
Admissions can reduce the need for formal proof, clarify the issues requiring adjudication and assist the Court in managing an original suit. A notice to admit a document should identify the document precisely, while a notice to admit facts should state the particular facts clearly. A party should answer such notices accurately and within the applicable procedural requirements.
Where judgment on admissions is sought under Order XII Rule 6 CPC, the Court retains discretion to consider whether the admission actually resolves an issue or justifies a decree. Contested or qualified statements should not automatically be treated as an unequivocal admission of liability.
Official legal resources
For the authoritative text and any subsequent amendments, consult the Supreme Court of India, the India Code database for the Code of Civil Procedure, 1908, and the Supreme Court Rules, 2013 index.