Admission denial after examination-in-chief

1. You are correct admission/ denial must precede framing of issues. Framing of issues is to be based on pleadings and the documents that are admitted/ denied.

The purpose of admission/denial is to deny only those documents whose existence, genuineness or authenticity is disputed and not to merely harass the opposite side into proving each and every document with certified copies/original.

In a civil suit, the admission and denial of documents and facts is typically done at the first hearing date after the defendant has filed their written statement.

The court will inquire about the admission or denial of allegations in the plaint and written statement.

Specifically, the court will ascertain whether each party admits or denies the allegations made by the opposing party.

Additionally, Order XI, Rule 4 of the Code of Civil Procedure (CPC) dictates that parties must submit a statement of admissions or denials of disclosed documents within 15 days of inspection or a later date fixed by the court.

Since court has overlooked this procedural requirement, it may not be proper for the court to insist you you to file it now that too after filing of your chief examination affidavit.

You can mention the same as reason and file a memo before the trial court in this regard. 

File application under section 151 cpc in court for admission/ denial of documents which is very necessary for proper trial of case. 

Adv. R K Nanda

I agree with Adv. Agnihotri an Adv. T Kalaiselvan that court has overlooked the cpc procedure and that too after filing examination in chief. I have disclosed all my documents in original and denied false allegations of defendants in the affidavit. The defendants filed admission denial and denied all the admission part in the WS i.e their accounts are not up to date, illegal structure, bringing property card, location of the property. Basically it is self contradictory and after thought. From the law point, the court cannot proceed any further because of want of proper cpc procedure. Please provide  feedback.

I have given you right advice and what else you want moreover if you know so much about law then why you are wasting time of experts as it's a free legal site. 

My apologies Adv. R K Nanda.

I have perused section 151 of Cpc and I totally agree with your advice. But my situation is I have exposed everything in examination in chief and till date, I have not closed my evidence.

Thankyou so much for your advice.

Does the alleged lapse on the part of the court caused any prejudice to you? If not, it ins unnecessary to to be agitated over trivial procedural aspects.