Notice to Admit Facts or Documents (Order 12 Rules 2 and 3 CPC) (India) by OLL
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O.12 R.2, 3 Notice to admit facts or documents
O.12 Rule 2: Notice to admit documents:
Either party may call upon the other party to admit, within seven days from the date of service of the notice any document, saving all just exceptions; and in case of refusal or neglect to admit, after such notice, the costs of proving any such document shall be paid by the party so neglecting or refusing, whatever the result of the suit may be, unless the Court otherwise directs; and no costs of proving any document shall be allowed unless such notice is given, except where the omission to give the notice is, in the opinion of the Court, a saving of expense.
O.12 Rule 4: Notice to admit facts:
Any party, may, by notice in writing, at any time not later than nine days before the day fixed for the hearing, call on any other party to admit, for the purposes of the suit only, any specific fact or facts, mentioned in such notice. And in case of refusal or neglect to admit the same within six days after service of such notice, or within such further time as may be allowed by the Court, the costs of proving such fact or facts shall be paid by the party so neglecting or refusing, whatever the result of the suit may be, unless the Court otherwise directs:
Provided that any admission made in pursuance of such notice is to be deemed to be made only for the purposes of the particular suit, and not as an admission to be used against the party on any other occasion or in favour of any person other than the party giving the notice.
FORM
NOTICE TO ADMIT FACTS
(Order XII, rule 5)
( Title as in No. 1, supra)
Take notice that the plaintiff [ or defendant ] in this suit requires the defendant [or plaintiff] to admit, for the purposes of this suit only, the several facts respectively hereunder specified; and the defendant [ or plaintiff ] is hereby required, within six days from the service of this notice, to admit the said several facts, saving all just exceptions to the admissibility of such facts as evidence in this suit.
G. H., pleader [ or agent ] for plaintiff [ or defendant.].
To E. F., pleader [ or agent ] for defendant or plaintiff ].
The facts, the admission of which is required, are
1. That M died on 1st January, 1890.
2. That he died intestate.
3. That N was his only lawful son.
4. That O died on the 1st April, 1896.
5. That O was never married.
FORM
NOTICE TO ADMIT DOCUMENTS
(Order XII, rule 3)
This is a preview. The full template is free on GitLaw.
This document provides formal templates for a Notice to Admit Facts and a Notice to Admit Documents used during civil litigation. It allows one party to request that the opposing party formally acknowledge the truth of specific facts or the authenticity of documents to save time and costs during a court hearing.
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About this template
What is this template?
This is a set of statutory procedural forms including a Notice to Admit Facts, a Notice to Admit Documents, and an Admission of Facts response. It is not a contract or an affidavit, but a formal communication between legal representatives to narrow triable issues.
When should you use it?
Use these forms during the pre-trial stage of civil litigation in India when specific facts or documents are unlikely to be contested. Use a Witness Statement instead if the evidence is disputed and requires oral testimony.
What's inside
| Clause | Name | What it does |
|---|---|---|
| O.12 Rule 2 | Notice to admit documents | Allows a party to request the other side admit a document within seven days of service to avoid the costs of proof. |
| O.12 Rule 4 | Notice to admit facts | Permits a party to request admission of specific facts no later than nine days before the hearing date. |
| O.12 Rule 2 and 4 | Effect of Refusal | Obliges the refusing party to pay the costs of proving facts or documents regardless of the suit's final result. |
| O.12 Rule 4 Proviso | Limitation of Admission | Restricts the use of any admission solely to the particular suit in which the notice was given. |
Who it's for
- a plaintiff in an Indian civil suit seeking to authenticate original documents before trial
- a defendant requiring the plaintiff to admit specific facts such as dates of death or marital status
- litigants under the Code of Civil Procedure attempting to reduce trial costs through formal admissions
How long it runs and how it's signed
Law it's drafted under
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