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BSA, 2023
Start Practicing
BSAChapter IIISection 53
Section53

Facts admitted need not be proved

AI Assist

Summary

Parties can admit facts at the hearing, admit them beforehand in writing, or be treated as admitting them by their pleadings. Facts so admitted normally do not need further proof in the proceeding. The court, however, may in its discretion require those admitted facts to be proved despite the admission.

Example

Ravi sues Karan for unpaid rent and Karan signs a written admission that he owes ₹20,000. Because of that admission Ravi normally need not call witnesses or produce further evidence to prove the debt. The court may still, at its discretion, ask for additional proof despite Karan’s written admission.

Bare Act

Enacted text

No fact needs to be proved in any proceeding which the parties thereto or their agents agree to admit at the hearing, or which, before the hearing, they agree to admit by any writing under their hands, or which by any rule of pleading in force at the time they are deemed to have admitted by their pleadings:

Provided that the Court may, in its discretion, require the facts admitted to be proved otherwise than by such admissions.

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III

Chapter III

Facts which need not be Proved

In this chapter

  • 51Fact judicially noticeable need not be proved
  • 52Facts of which Court shall take judicial notice
  • 53Facts admitted need not be proved
Previous · Section 52Facts of which Court shall take judicial noticeNext · Section 54Proof of facts by oral evidence