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Order XII Rule 4 CPC - Notice to Admit Facts

Order XII Rule 4 of the Code of Civil Procedure, 1908 (CPC) provides a procedure for one party to request another party to admit specified facts before the hearing. Its purpose is to narrow disputed issues, reduce unnecessary evidence and allocate the costs of proving facts that could reasonably have been admitted.

Order XII Rule 4 CPC: statutory provision

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.

Meaning and scope of Rule 4

Notice to admit facts: A written request identifying one or more specific facts that the receiving party is asked to admit. The heading in the CPC is commonly given as "Notice to admit acts", but the operative text concerns admission of facts.

For the purposes of the suit only: An admission given in response to the notice is confined to that particular civil suit. It is not a general admission for other proceedings or for persons other than the party giving notice.

Costs of proof: If a party refuses or neglects to admit a fact within the prescribed time, the court may require that party to bear the costs of proving it, irrespective of the final outcome, unless the court directs otherwise. This does not automatically establish the disputed fact.

Time limits under Order XII Rule 4

Serving the notice: Not later than nine days before the day fixed for hearing, subject to applicable procedural rules and court directions.
Responding: Within six days after service of the notice, or within further time allowed by the court.
Effect of refusal: The provision addresses the costs of proving facts; a refusal does not itself amount to an admission under Rule 4.

How the procedure works

Identify material facts that are capable of a clear admission or denial.
Serve a written notice identifying those facts within the prescribed period.
Keep evidence of service and the response, if any.
If facts remain disputed, lead necessary proof and request an appropriate costs order where refusal or neglect was unreasonable in the circumstances.

Order XII Rule 1 permits admissions of all or part of another party's case. Rule 2 concerns notices to admit documents, while Rule 2A addresses deemed admission of documents in specified circumstances. Rule 5 concerns the form of admissions, and Rule 6 provides for judgment on admissions where its requirements are satisfied.

Illustration

In a civil suit concerning payment under a contract, a party may serve a notice asking the opponent to admit the date on which an identified invoice was received. If the opponent declines to admit that fact and proof becomes necessary, the court may consider who should bear the costs of proving it. Whether the invoice was paid is a separate question.

Official legal sources

Consult the Code of Civil Procedure, 1908 on India Code and the India Code statutory database for the current central text. State amendments, High Court rules and directions applicable to the proceeding should also be checked.

This article explains the general central CPC provision. Local amendments and court-specific procedural directions may affect its application.