Question

Which of the following statement is true, regarding a document which is deemed admitted under Order XII, Rule 2-A of the Code of Civil Procedure, 1908?

• A. Admitted document is conclusive proof as to its contents
• B. Admitted document can only be used to contradict the party by whom it is deemed admitted, not otherwise
• C. Court may require any such deemed admitted document to be proved otherwise than by such admission
• D. Court shall not require any such deemed admitted document to be proved otherwise than by such admission

Hint:

Even a deemed admission does not take away the court’s power to demand proof.

Answer 1

The Correct Option is C

Step 1: Understanding Order XII CPC.
Order XII of the Code of Civil Procedure deals with admissions, including deemed admissions when a party fails to deny documents properly.
Step 2: Effect of deemed admission.
A deemed admission dispenses with formal proof of the document, but it does not make the document conclusive proof of its contents.
Step 3: Discretion of the Court.
Order XII, Rule 2-A expressly empowers the Court to require proof of the document notwithstanding such admission, if the interests of justice so demand.
Step 4: Conclusion.
Therefore, the correct answer is (C).