evidence

Querist : Anonymous (Querist) 07 March 2010 This query is : Resolved
Whether admissions or denials in a written statement or the allegations in plaint of a non verdicted suit (suit dismissed for default) can be taken as evidence in a susequent suit where the subject is different.

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Parveen Kr. Aggarwal (Expert) 07 March 2010
Yes. An admission made by a party can be used against it.

Devajyoti Barman (Expert) 07 March 2010
The High Courts are in conflict in this regard. In any case the admission once made can always be withdrawn. That apart the admission is not the conclusive proof of the fact admitted though it is its substantive proof.

Parveen Kr. Aggarwal (Expert) 07 March 2010
Section 21 of the Indian Evidence Act, 1872 provides that admissions are relevant and may be proved as against the person who makes them, or his representative in interest. So, any admission or denial made by a party to the suit either in a plaint or in a written statement will certainly be a relevant piece of evidence in any subsequent suit irrespective of the fact that the suit wherein such admission (or denial) was made was decided on merits or otherwise.

It is a different matter that the admission may be subsequently withdrawn or not. It is also a different matter that such an admission may be not be a conclusive proof.

Guest (Expert) 07 March 2010
i do agree with Parveen

niranjan (Expert) 07 March 2010
Well said Mr. Praveen.

Raj Kumar Makkad (Expert) 07 March 2010
definitely.

G. ARAVINTHAN (Expert) 08 March 2010
An admission in a civil case can be used in any case or parallel proceedings.

Even in a case Supreme Court gave a verdict that the admission in plaint of a suit, which was withdrawn can be an evidence in subsequent suit