Order XII Rule 5 CPC - Form of Admissions

Order XII Rule 5 of the Code of Civil Procedure, 1908 specifies the prescribed forms for a notice to admit facts and the corresponding admission of facts in a civil suit.

Text of Order XII Rule 5 CPC

Meaning and scope of Rule 5

Order XII deals with admissions in civil proceedings. Rule 5 concerns the form in which a party requests another party to admit specified facts and the form used to record admissions in response. It does not itself decide whether a disputed fact has been proved or prescribe the consequences of refusing to admit it.

Prescribed forms under Appendix C

Form No. 10 - Notice to admit facts

This form is used when one party asks another party to admit particular facts for the purposes of the suit. The facts should be identified clearly so that the recipient can respond without uncertainty.

Form No. 11 - Admission of facts

This form is used to communicate the recipient's admission of the facts specified in the notice. Rule 5 permits variations to the forms where the circumstances require them.

How Rule 5 works with other CPC provisions

Order XII Rule 4 governs a notice to admit facts, including the timing of the notice, the period for responding, and the possible costs of proving facts that a party unreasonably refuses or neglects to admit. Rule 5 supplies the corresponding prescribed forms.

Order XII Rule 6 separately deals with judgment on admissions, where its requirements are satisfied. An admission of facts does not automatically entitle a party to judgment; the court must apply the relevant legal test.

A notice to admit documents is different from a notice to admit facts. The former is governed by Order XII Rule 2 and the prescribed form under Order XII Rule 3.

Practical points

• Identify each fact sought to be admitted with sufficient precision.
• Use Appendix C Form No. 10 for the notice and Form No. 11 for admissions, adapting them where necessary.
• Observe the notice and response requirements under Rule 4 and any applicable court-specific amendments or directions.
• Keep proof of service and copies of the notice and response in the case record.

Legislation and official resources

Consult the Code of Civil Procedure, 1908 on India Code for the statutory text, First Schedule and Appendix C. Applicable High Court amendments, procedural rules and judicial directions should also be checked for the court hearing the suit.

Note: This article explains the general central CPC provision. State and High Court amendments may affect procedure in particular jurisdictions.