Admissions by persons whose position must be proved as against party to suit
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Summary
If a person's legal position or liability must be proved against a party, statements made by that person about that position are treated as admissions when those statements would be relevant against them in a suit and were made while they held that position. Such admissions may be used as evidence against the party who must prove the position.
Example
Karan hires Aditya to collect rent from Rohan. Karan sues Aditya saying Aditya did not collect rent due from Rohan, and Aditya denies any rent was due. Earlier Rohan told a neighbour he owed rent to Karan. Rohan's statement is an admission relevant against Aditya and can be used as evidence.
Bare Act
Enacted textStatements made by persons whose position or liability, it is necessary to prove as against any party to the suit, are admissions, if such statements would be relevant as against such persons in relation to such position or liability in a suit brought by or against them, and if they are made whilst the person making them occupies such position or is subject to such liability.
Illustration.
A undertakes to collect rents for B. B sues A for not collecting rent due from C to B. A denies that rent was due from C to B. A statement by C that he owed B rent is an admission, and is a relevant fact as against A, if A denies that C did owe rent to B.
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