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Showing contexts for: answer interrogatories in J Somashekar vs Lt. Col Appu Ramanand Sharma (Retd) on 6 December, 2017Matching Fragments
12. The learned Counsel for the petitioner would further contend that there is an admission of documents in the written statement as observed by this Court in W.P. No. 38811/2016. Therefore, when there was no reply to the application of the plaintiff under Order XII Rules 1 and 2 of the Code of Civil Procedure within seven days, it was deemed to be admitted. He would further contend that in view of provisions of Section 30 of the Code of Civil Procedure, the Court may at any time either of its own motion or on the application of any party, make such orders as may be necessary or reasonable in all matters relating to the delivery and answering of interrogatories, the admission of documents and facts, and the discovery, inspection, production, impounding and return of documents or other material objects produceable as evidence; issue summons to persons whose attendance is required either to give evidence or to produce documents or such other objects to aforesaid; order any fact to be proved by affidavit. Therefore, the impugned order passed by the trial Court cannot be sustained.
26. The object of obtaining admission is to do away with necessity of proving the facts that are admitted. There are three kinds of admissions under the provisions of Section 58 of the Indian Evidence Act, 1872 which reads as under:
(1) Admissions in pleading:
(i) actual, that is, those contained in the pleadings (Order 7 Rule 5) or in answer to interrogatories (Order 11 Rule 22).
(ii) Constructive, that, those which are merely the consequence of the form of pleading adopted (Order 8 Rules 3, 4,