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Rule 5 and Rule 6 of the Order XII of the Schedule 1 of the Code of Civil Procedure, 1908

Date:- 19/05/2026

Rule 5. Form of admissions.—

A notice to admit facts shall be in Form No. 10 in Appendix C,

and

admission of facts shall be in Form No. 11 in Appendix C,

with such variations as circumstances may require.

—-

Rule 6. Judgment on admissions.—

(1) Where admissions of fact have been made either in the pleading or otherwise;

whether orally or in writing,

the Court may at any stage of the suit,

either on the application of any party

or

of its own motion

and

without waiting for the determination of any other question-between the parties,

make such order

or

give such judgment as it may think fit,

having regard to such admissions.

(2) Whenever a judgment is pronounced under sub-rule (1)

a decree shall be drawn up in accordance with the judgment

and

the decree shall bear the date on which

the judgment was pronounced.

——

Note:- The law presented herein is as existing on the date of my posting. This post is not a substitute to the provisions of the bare Act as published by the Government of India. I humbly request you all to keep a regular watch on the happenings in the field of the Law and the Case Laws and also get updated with the latest position of the Law by yourself.

This post is for personal and non-commercial use only.

Rule 4 of the Order XII of the Schedule 1 of the Code of Civil Procedure, 1908

Date:- 18/05/2026

Rule 4. Notice to admit acts.—

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.

——

Note:- The law presented herein is as existing on the date of my posting. This post is not a substitute to the provisions of the bare Act as published by the Government of India. I humbly request you all to keep a regular watch on the happenings in the field of the Law and the Case Laws and also get updated with the latest position of the Law by yourself.

This post is for personal and non-commercial use only.

Rule 3 and Rule 3A of the Order XII of the Schedule 1 of the Code of Civil Procedure, 1908

Date:- 17/05/2026

Rule 3. Form of notice.—

A notice to admit documents shall be

in Form No. 9 in Appendix C,

with such variations as circumstances may require.

Rule 3A. Power of Court to record admission.—

Notwithstanding that no notice to admit documents has been given under rule 2,

the Court

may,

at any stage of the proceeding before it,

of its own motion,

call upon any party to admit any document

and

shall, in such a case,

record whether the party admits

or

refuses

or

neglects to admit such document.

——-

Note:- The law presented herein is as existing on the date of my posting. This post is not a substitute to the provisions of the bare Act as published by the Government of India. I humbly request you all to keep a regular watch on the happenings in the field of the Law and the Case Laws and also get updated with the latest position of the Law by yourself.

This post is for personal and non-commercial use only.

Rule 2A of the Order XII of the Schedule 1 of the Code of Civil Procedure, 1908

Date:- 16/05/2026

Rule 2A. Document to be deemed to be admitted if not denied after service of notice to admit documents.—

(1) Every document which a party is called upon to admit, 

if not denied specifically or by necessary implication, 

or 

stated to be not admitted in the pleading of that party 

or 

in his reply to the notice to admit documents, 

shall be deemed to be admitted

except

as against a person under a disability:

Provided that

the Court 

may, 

in its discretion

and

for reasons to be recorded, 

require any document so admitted to be proved otherwise than by such admission.

(2) Where a party 

unreasonably neglects

or

refuses to admit a document 

after the service on him of the notice to admit documents, 

the Court

may

direct him to pay costs to the other party by way of compensation.

——-

Note:- The law presented herein is as existing on the date of my posting. This post is not a substitute to the provisions of the bare Act as published by the Government of India. I humbly request you all to keep a regular watch on the happenings in the field of the Law and the Case Laws and also get updated with the latest position of the Law by yourself.

This post is for personal and non-commercial use only.

Rule 2 of the Order XII of the Schedule 1 of the Code of Civil Procedure, 1908

Date:- 15/05/2026

Rule 2. Notice to admit documents.—

Either party may call upon the other party 

to admit, 

within seven days from the date of service of the notice 

any document, saving all exceptions; 

and 

in case of 

refusal or neglect to admit, after such notice, 

the costs of proving any such document shall be paid by the party so neglecting or refusing, whatever the result of the suit may be, 

unless the Court otherwise directs; 

and 

no costs of proving any document shall be allowed unless such notice is given, 

except where the omission to give the notice is, in the opinion of the Court, a saving of expense.

——

Note:- The law presented herein is as existing on the date of my posting. This post is not a substitute to the provisions of the bare Act as published by the Government of India. I humbly request you all to keep a regular watch on the happenings in the field of the Law and the Case Laws and also get updated with the latest position of the Law by yourself.

This post is for personal and non-commercial use only.

Rule 1 of the Order XII of the Schedule 1 of the Code of Civil Procedure, 1908

Date:- 14/05/2026

ORDER XII

Admissions

Rule 1. Notice of admission of case.—

Any party to a suit 

may give notice, by his pleading, 

or 

otherwise in writing, 

that he admits the truth of 

the whole 

or 

any part 

of the case of any other party.

—-

Note:- The law presented herein is as existing on the date of my posting. This post is not a substitute to the provisions of the bare Act as published by the Government of India. I humbly request you all to keep a regular watch on the happenings in the field of the Law and the Case Laws and also get updated with the latest position of the Law by yourself.

This post is for personal and non-commercial use only.

Rule 7 of the Order XI* of the Schedule 1 of the Code of Civil Procedure, 1908

Date:- 13/05/2026

* Shall be applicable to commercial disputes of a specified value by Act 4 of 2016, s. 16 and the Sch. (w.e.f. 23-10-2015).

Rule 7. Certain provisions of the Code of Civil Procedure, 1908 not to apply.—

For avoidance of doubt, it is hereby clarified that 

Order XIII Rule 1, 

Order VII Rule 14 

and 

Order VIII Rule 1A of the Code of Civil Procedure, 1908 (5 of 1908) 

shall not apply to 

suits 

or 

applications 

before the 

Commercial Divisions of High Court 

or 

Commercial Courts.

—-

Note:- The law presented herein is as existing on the date of my posting. This post is not a substitute to the provisions of the bare Act as published by the Government of India. I humbly request you all to keep a regular watch on the happenings in the field of the Law and the Case Laws and also get updated with the latest position of the Law by yourself.

This post is for personal and non-commercial use only.

Rule 6 of the Order XI* of the Schedule 1 of the Code of Civil Procedure, 1908

Date:- 12/05/2026

* Shall be applicable to commercial disputes of a specified value by Act 4 of 2016, s. 16 and the Sch. (w.e.f. 23-10-2015).

Rule 6. Electronic records. — 

(1) In case of disclosures and inspection of Electronic Records (as defined in the Information Technology Act, 2000 (21 of 2000)), 

furnishing of printouts shall be sufficient compliance of the above provisions.

(2) At the discretion of the parties or where required (when parties wish to rely on audio or video content), 

copies of electronic records may be furnished in electronic form either in addition to or in lieu of printouts.

(3) Where Electronic Records form part of documents disclosed, 

the declaration on oath to be filed by a party shall specify––

(a) the parties to such Electronic Record;

(b) the manner in which such electronic record was produced and by whom;

(c) the dates and time of 

preparation 

or 

storage 

or 

issuance 

or 

receipt of each such electronic record;

(d) the source of such electronic record 

and 

date and time when the electronic record was printed;

(e) in case of email ids,

 details of ownership, 

custody 

and

access to such email ids;

(f) in case of documents stored on 

a computer 

or 

computer resource (including on external servers or cloud), 

details of ownership, 

custody 

and 

access 

to such data on the computer or computer resource;

(g) deponent’s knowledge of contents and correctness of contents;

(h) whether the computer or computer resource used for preparing or receiving or storing such document or data was functioning properly 

or 

in case of malfunction that such malfunction did not affect the contents of the document stored;

(i) that the printout or copy furnished was taken from the original computer or computer resource.

(4) The parties relying on printouts or copy in electronic form, of any electronic records, 

shall not be required to give inspection of electronic records, 

provided a declaration is made by such party that 

each such copy, which has been produced, has been made from the original electronic record.

(5) The Court may give directions for admissibility of Electronic Records at any stage of the proceedings.

(6) Any party may seek directions from the Court 

and 

the Court may of its motion issue directions for 

submission of further proof of 

any electronic record including metadata 

or 

logs before admission of such electronic record.

——-

Note:- The law presented herein is as existing on the date of my posting. This post is not a substitute to the provisions of the bare Act as published by the Government of India. I humbly request you all to keep a regular watch on the happenings in the field of the Law and the Case Laws and also get updated with the latest position of the Law by yourself.

This post is for personal and non-commercial use only.

Rule 5 of the Order XI* of the Schedule 1 of the Code of Civil Procedure, 1908

Date:- 11/05/2026

* Shall be applicable to commercial disputes of a specified value by Act 4 of 2016, s. 16 and the Sch. (w.e.f. 23-10-2015).

Rule 5. Production of documents. — 

(1) Any party to a proceeding 

may seek 

or 

the Court may order, 

at any time during the pendency of any suit, 

production by any party or person, 

of such documents in the 

possession 

or 

power of 

such party or person, 

relating to any matter in question in such suit.

(2) Notice to produce such document shall be issued in the Form provided in Form No. 7 in Appendix C to the Code of Civil Procedure, 1908 (5 of 1908).

(3) Any party or person to whom such notice to produce is issued 

shall be given not less than seven days and not more than fifteen days 

to produce such document 

or 

to answer to their inability to produce such document.

(4) The Court 

may 

draw an adverse inference against a party 

refusing to produce such document after issuance of a notice to produce 

and 

where sufficient reasons for such non-production are not given 

and 

order costs.

——————-

Note:- The law presented herein is as existing on the date of my posting. This post is not a substitute to the provisions of the bare Act as published by the Government of India. I humbly request you all to keep a regular watch on the happenings in the field of the Law and the Case Laws and also get updated with the latest position of the Law by yourself.

This post is for personal and non-commercial use only.

Rule 4 of the Order XI* of the Schedule 1 of the Code of Civil Procedure, 1908

Date:- 10/05/2026

ORDER XI*

* Shall be applicable to commercial disputes of a specified value by Act 4 of 2016, s. 16 and the Sch. (w.e.f. 23-10-2015).

Rule 4. Admission and denial of documents. — 

(1) Each party shall submit a statement of admissions or denials of all documents disclosed and of which inspection has been completed, within fifteen days of the completion of inspection or any later date as fixed by the Court.

(2) The statement of admissions and denials shall set out explicitly, whether such party was admitting or denying:—

(a) correctness of contents of a document; (b) existence of a document;

(c) execution of a document;

(d) issuance or receipt of a document;

(e) custody of a document.

Explanation.––A statement of admission or denial of the existence of a document made in accordance

with sub-rule (2) (b) shall include the admission or denial of the contents of a document.

(3) Each party shall set out reasons for denying a document under any of the above grounds and bare and unsupported denials shall not be deemed to be denials of a document and proof of such documents may then be dispensed with at the discretion of the Court.

(4) Any party may however submit bare denials for third party documents of which the party denying does not have any personal knowledge of, and to which the party denying is not a party to in any manner whatsoever.

(5) An Affidavit in support of the statement of admissions and denials shall be filed confirming the correctness of the contents of the statement.

(6) In the event that the Court holds that any party has unduly refused to admit a document under any of the above criteria, – costs (including exemplary costs) for deciding on admissibility of a document may be imposed by the Court on such party.

(7) The Court may pass orders with respect to admitted documents including for waiver of further proof thereon or rejection of any documents.

———

Note:- The law presented herein is as existing on the date of my posting. This post is not a substitute to the provisions of the bare Act as published by the Government of India. I humbly request you all to keep a regular watch on the happenings in the field of the Law and the Case Laws and also get updated with the latest position of the Law by yourself.

This post is for personal and non-commercial use only.