LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Anant (None)     19 August 2018

Order 12 rule 6 - meaning of "constructive admission"

My party had filed a suit seeking the partitioning of a residential plot, among all heirs. One of the other heirs replied that a new partition isn't legal, since a pervious partition has already occured. They unabgiously stated this, and provided proof of land tax payment by each of the heirs. They also stated that they have claim to more than their due, based on a fraudulent will, which we have challenged.

Apart from the will challenge, we are open to accepting the pervious partition, as claimed by the opposing party.

Therefore, my party is seeking a partial decree under the provisions of Order 12 Rule 6, which enables us to petition the court to pass a decree based on the opposing party's claims (and relevant proofs provided by them).

What I want to know is, in the rulings based on Order 12 Rule 6, the phrase "constructive admission" is mentioned numerous times.

E.g.: "The Court can act on such admissions either on an application of any party or on its own motion without determining the other questions. Even constructive admission firmly made can be made the basis"

What does this mean? What is the difference between a "normal" admission and a "constructive" one?


 0 Replies

Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register