Admission

Admission defines:

So firstly we come to the word admission. When we talk about the admission under Qanoon-e-shahadat it is defined and explained in Art. 30 to 36 of QSO.

Where admission is clearly and unequivocally made, such is the best evidence against party making the same. [2000 YLR 1449]

Black’s law Dictionary Defines it as:

“A voluntary acknowledgement of the existence of facts relevant to an adversary’s.”

Same is defined in Art 30 of Qanoon-e-shahadat:

“An admission is a statement oral or documentary, which suggests any inference as to any fact in issue or relevant fact and which is made by any of the persons and under the circumstances, hereinafter mentioned.”

 Admission can be relevant but not conclusive through proof of fact which can be proved to be incorrect or to have been erroneously made. [1999 SCMR 2578]

What kind of statement acceptable as admission?

The word statement is used in Art. 30-34 in its primary meaning of “something that is stated” and communication is not necessary in order that it may b stated. [AIR 1959 S.C. 356]

Following statements may consider as admission with reference to Article 30-34 of QSO 1984.

        I.            Oral statement

     II.            Written/ documentary statement

Admission of party having executed document would be bound by facts contained in such document. [1986MLD 150]

   III.            Automated information system  generated statement

  IV.            Statements to binding party as amounting to his admission

Once the statements are proved to be signed by person concerned, they by themselves must be held to prove the admissions contained in the statements signed by the person concerned. It is not necessary to examine anyone else in proof of the statement. [AIR 1981 Guj.142]

Which persons can make admission under Qanoon-e-shahadat Order?

        I.            Parties to the proceedings himself

     II.            Parties to the proceedings by their agent

   III.            Parties to suit have derived their interest in subject matter him self

  IV.            Parties to suit have derived their interest in subject matter by their

     V.             Agent, pleader, attorney , counsel

  VI.            Persons Whose position or liability it is necessary to prove as against any party to the suit

VII.            Persons to whom the parties to a suit expressly referred for information about the matter in dispute

What type admission may have?

Admissions are broadly classified into two categories:

        I.            Judicial Admission

     II.            Extra judicial Admission

    I.        Judicial Admission

A formal waiver of proof that relieves an opposing party from having to prove the admitted fact and bars the party who made the admission from disputing it. It is also termed as solemn admission, admission in judicio and true admission.

Admission in pleadings is judicial admissions. They can be made the foundation of rights. [AIR 1986 All. 16]

    II.            Extra Judicial Admission

An admission made outside the Court.                        

  Judicial admissions are formal admissions made by a party during the proceedings of the case. Extra judicial admissions are informal admissions not appearing on the record of the case. [AIR 1957 All, 19110]

 Admission when admissible?

Admissible means an allowable permission and admissible evidence means evidence that is relevant and is of such a character that the Court should receive it. Admissibility relates to the quality or state of being allowed to be entered into evidence in a hearing, trail or other proceeding.

Statement made by persons from whom the parties to the suit have derived their interest in the subject matter of the suit are admissible as admissions, only when the admissions are of a date prior to the date of transfer. [PLD 1982 S.C 457]

The statements of person stranger to suit cannot be categorized as admissions. Admissions are not conclusive proof and may be shown to be wrong. [1983 CLC 1643]

Following admissions are also considered admissible:

·         Admission by counsel, pleader, attorney

·         Admission by agent

·         In government related matters, admission of spokesman of the government.

Admission’s binding:

Admission of facts made by a pleader in the conduct of a suit on his client’s behalf are binding on client.

Party would be bound by admission recorded in pleadings in a suit, in which it was filed and not in subsequent suit, in which it was filed. [1992 SCMR 2300]

Admission which was wrong on the point of fact and made in ignorance of legal right had no binging effect on the person making it. Admission made by the defendant in the documents produced by the plaintiff is also not binding on him.

Court discharging a respondent’s admission on the ground that such admission wholly misconceived and erroneously made. Respondent, however not taking any exception to his admission, neither disowning nor seeking to explain it. Findings not justifiable especially when such findings of facts were supported by oral and documentary evidence on record. [1995 SCMR 1243]

Admission wrong in fact s not binding. [2001 MLD 127]

 Admission of a co defendant was not binding on the other defendant. [2005 YLR 2655(f)] [2006 YLR 831(b)]

 Sole witness examined on behalf of defendant had no valid power of attorney and thus could not make admission binding defendant. [2003 MLD 319]

When admission can be withdrawn?

Admission which is wrong on a point of fact or is made in ignorance of legal right has no binding effect on the person making same. Such admissions can be withdrawn but that would be subject to conditions:

        I.            Where admission amounts to a representation operating as a estoppels

     II.            Where admission made in the pleading

But recently it is held that a party is entitled to withdraw all admission or to prove that the admissions were wrong except those made in the pleadings. [2003 MLD 1349]

A gratuitous admission made by a person may be withdrawn unless there is some obligation not to withdraw it. Similarly a voluntary admission of title can also be withdrawn.

But admission on a mix question of law and fact or an admission forming a foundation of a judgment should not be allowed to be withdrawn in appeal.               

Admission of co plaintiff:

            Admission of co plaintiff or a co defendant does not bind other. [2000 SCMR 1588]

What exception Admission have?

It is well stated rule about admission cannot b given by third party who have no concern with the case but in QSO 1984 also give exception to this rule in its Article 34 that if any of suit parties refers third party admission statement can be taken from third party. Under it the frequently been held to be in fact binding upon, the party who has expressly referred another to him for information in regard to an uncertain disputed matter.