Admission by party to proceeding or his agent by suitor in representative character
AI Assist
Summary
Statements made by a party, or by an agent whom the court treats as authorized to speak for that party, are admissions against the party. A person suing or sued in a representative capacity is only bound by statements made while they actually held that representative role. Likewise, statements by persons with a proprietary or pecuniary interest, or by those from whom the party derived that interest, are admissions if made while their interest continued.
Example
Priya sues as trustee of a school. During the suit her agent Ravi, whom the court regards as authorized, tells a witness that Priya agreed to sell a plot; that statement is an admission against Priya. If Priya had made the same statement before she became trustee, it would not be an admission in her representative capacity.
Bare Act
Enacted textStatements 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 authorized by him to make them, are admissions.
by suitor in representative character: Statements made by 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.
Statements made by—
(1) party interested in subject-matter: 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
(2) person from whom interest derived: 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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