Civil Procedure Code, 1908 | Order XII: Admissions

Order XII Rule 7 CPC - Affidavit of Signature

Order XII Rule 7 of the Code of Civil Procedure, 1908 concerns the proof of signatures on admissions made in response to a notice to admit documents or facts in a civil suit.

Text of Order XII Rule 7 CPC

Meaning and scope of Rule 7

This rule provides a simplified method for proving that an admission given in response to a notice to admit documents or facts has been duly signed. Where proof is required, an affidavit from the pleader (advocate representing a party) or the pleader's clerk about the due signature is sufficient evidence for this purpose.

The rule deals with the proof of the signature on an admission. It does not, by itself, establish the truth of every underlying fact, determine the legal effect of the admission in every case, or require the court to decide the suit solely on that admission.

Key expressions explained

Admission

In this context, an admission is an acknowledgment made in response to a notice seeking admission of documents or facts. The wider law relating to admissions is contained in the Bharatiya Sakshya Adhiniyam, 2023, including Section 15 (admission defined), subject to the applicable procedural and transitional provisions.

Pleader and pleader's clerk

A pleader is a person entitled to appear and plead for another in court, as defined in Section 2(15) CPC. The rule permits the pleader or the pleader's clerk to provide an affidavit confirming due signature.

Due signature

This means that the relevant admission has been properly signed by the person whose signature it purports to bear. The affidavit is used to establish that fact when evidence of signature is called for.

How Order XII Rule 7 operates

1. A notice to admit documents or facts is served under the relevant provisions of Order XII.
2. An admission is made in response to that notice.
3. If evidence of the due signature of the admission is required, the pleader or the pleader's clerk may provide an affidavit confirming it.
4. The affidavit is sufficient evidence of the due signature for the purpose specified in Rule 7, subject to the court's consideration of any genuine dispute and other applicable law.

Relationship with other provisions of Order XII

Rule 2 concerns notices to admit documents; Rule 4 concerns notices to admit facts; Rule 5 addresses the form of admissions. Rule 6 separately empowers the court, in appropriate circumstances, to pronounce judgment on admissions. Rule 7 serves the narrower evidentiary function of proving signatures on admissions made pursuant to a notice.

Practical significance

Order XII Rule 7 can reduce the need for separate oral testimony merely to prove a signature on a formal admission. Parties should retain the notice, the response containing the admission, and any relevant proof of service. Where an affidavit is relied upon, it should identify the admission and the signature being verified.

Official legal references

The CPC is a central procedural statute. For the current statutory text and any amendments, consult the India Code official legislation portal and search for the Code of Civil Procedure, 1908 (Act 5 of 1908). For the current evidence statute, consult the Bharatiya Sakshya Adhiniyam, 2023 on India Code.

Note: Local amendments, High Court rules and procedural directions may affect practice in a particular court. The Bharatiya Sakshya Adhiniyam, 2023 came into force on 1 July 2024, with statutory savings for certain pending proceedings.