Civil Procedure | Order XII - Admissions
Order XII Rule 2 CPC - Notice to Admit Documents
Order XII Rule 2 of the Code of Civil Procedure, 1908 (CPC) allows one party to request that the opposing party admit documents. It encourages parties to narrow disputed issues and avoid unnecessary expenditure on formal proof.
Meaning and statutory provision of Order XII Rule 2
The rule concerns a notice to admit documents, a formal request by one party in a civil suit asking the other party to acknowledge documents, subject to lawful objections and exceptions.
Order XII 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.
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.
How a notice to admit documents works
- Who may issue it: Either party to a civil suit may serve the notice on the other party.
- Time to respond: The provision specifies seven days from service of the notice for admitting the documents.
- Scope: The request may relate to documents whose admission could eliminate unnecessary formal proof, while preserving just exceptions.
- Costs: A party who refuses or neglects to admit a document may be directed to bear the costs of proving it, regardless of who ultimately succeeds in the suit, unless the court orders otherwise.
- Exception: The court may allow proof costs without prior notice if omitting the notice saved expense.
Consequences of refusal or failure to respond
Rule 2 primarily addresses the costs of proving a document when a party unreasonably refuses or neglects to admit it. The separate rule on deemed admission under Order XII Rule 2A explains when a document called upon to be admitted may be treated as admitted if not specifically denied or stated to be not admitted. The court retains its statutory discretion to require proof.
Related provisions under Order XII CPC
Rule 1 concerns notice of admission of the case. Rule 3 addresses the form of notice; Rule 3A empowers the court to record admissions; and Rule 6 deals with judgment on admissions. The rules should be read together, subject to applicable amendments and court directions.
Practical example
In a recovery suit, the claimant may serve a notice requesting admission of specified invoices or correspondence. If the opposing party refuses admission and the claimant must formally prove the documents, the court may consider the consequences for proof costs under Rule 2. Whether the documents are admissible and what they establish remain questions governed by the applicable law and facts.
Official legal resources
For the statutory text and any applicable amendments, consult the India Code legislative database and the Gazette of India. State amendments and special procedural rules, where applicable, should also be checked.
This article provides general legal information and does not replace the statutory text, local amendments, or professional advice for a particular proceeding.