Notice to admit documents under o 12 r 2

rahul (Querist) 05 October 2015 This query is : Resolved
Respected sir,

Can i serve notice to defendant to admit documents without the leave of the court.

Defendant has filed written statemnet.

Thank you

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R.K Nanda (Expert) 06 October 2015
no, u cannot do it without permission of court.

rahul (Querist) 07 October 2015
Thank you. R. K. Nanda sir.

rahul (Querist) 08 October 2015
Respected R. K. Nanda Sir,

Please give me more information about this because provisions of order 12 are confusing.

In case o. 11 rule 1 & 12, there it is mentioned that leave of the court and party to apply to the court & Hence permission of court is necessary & therefore no notice is prescribed by party to be given to other.

In case of o.11 r.15, it is mentioned that party entitle to issue notice for inspection & there is no mention that with leave of the court & hence notice is prescribed in r. 16. After issuing this notice under r.16 if other party do not provide inspection , in that case power has been given to court & therefore party may apply to court after issuing notice under r.16. Hence while issuing notice under r.16 no permission of court required. ( I have done in my case & do not know right or wrong & believing that this is true because in court decision I have not read that party applied to the court for inspection.)

Similarly O. 12 R. 2, it is mentioned that party may call upon other to admit document.& notice is prescribed in R. 3 & again there is rule 3A which gives power to court to order admission of fact.

Therefore, my confusion is that then why permission under O.12 R.2 required from court ? I think that my understanding about o. 11. R. 15 is wrong.

Please clarify sir. I am not lawyer & fighting my own case.

Thank you.

T. Kalaiselvan, Advocate (Expert) 12 October 2015
You are confusing yourself too much by reading the provisions of law without understanding the underlying principles in it. A plain reading of the provisions of law referred by you may not convey you the meaning properly, they have to be interpreted based on the pending case for its applicability hence any opinion given without knowing the facts of the case or background, it may render misguiding effect. Therefore though you appear as party in person, better have private consultations with some experienced and skilled lawyers.