Section 62   [ View Judgements ]

Amendment of Order XII

In the First Schedule, in Order XII,-

(i)in rule 2, for the words "to admit any document", the words "to admit, within fifteen days from the date of service of the notice any document," shall be substituted;

(ii)after rule 2, the following rule shall be inserted, namely:-

"2A.Document to be deemed to be admitted if not denied after service of notice to admit documents.- (1) 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:

Provided that the Court may, in its discretion and for reasons to be recorded, require any document so admitted to be proved otherwise than by such admission.

(2)Where a party unreasonably neglects or refuses to admit a document after the service on him of the notice to admit documents, the Court may direct him to pay costs to the other party by way of compensation.";

(iii)for rule 6, the following rule shall be substituted, namely:-

"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.".

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