Admission by party to proceeding or his agent
AI Assist
Summary
Statements made by a party, or by someone the court regards as that party's authorized agent, count as admissions and can be used against the party. A person suing or sued in a representative capacity does not make admissions by mere statements unless they spoke while holding that representative role. People with a proprietary or pecuniary interest, or those who gave their interest to a party, make admissions if they speak in that character while their interest continues.
Example
Priya sues a buyer for unpaid goods. Her sales agent told the buyer 'we delivered the goods' while acting for Priya. The court may treat that agent's statement as Priya's admission. If Priya were suing only as a trustee, her statements would not be admissions unless she spoke while acting in that trustee role.
Bare Act
Enacted text(1) Statements made by a party to the proceeding, or by an agent to any such party, whom the Court regards, under the circumstances of the case, as expressly or impliedly authorised by him to make them, are admissions.
(2) Statements made by-
(i) parties to suits suing or sued in a representative character, are not admissions, unless they were made while the party making them held that character; or
(ii) (a) persons who have any proprietary or pecuniary interest in the subject matter of the proceeding, and who make the statement in their character of persons so interested; or
(b) persons from whom the parties to the suit have derived their interest in the subject matter of the suit, are admissions, if they are made during the continuance of the interest of the persons making the statements.
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