Order 12 Rule 6

Admission made on the basis of pleadings in a given case – Cannot be taken as an admission in a different fact situation

Admission made on the basis of pleadings in given case cannot obviously be taken as an admission in a different fact situation. That precisely is the view taken by this court in Jeevan Diesel & Electricals Ltd. relied upon by the High Court where this Court has observed: “Whether or not there is a clear, unambiguous admission by one party of the case of the other party is essentially a question of fact and the decision of this question depends on the fact of the case. The question, namely, whether there is a clear admission or not cannot be decided on the basis of a judicial precedent. Therefore, even though the principles in Karam kapahi may be unexceptionable they cannot be applied in the instant case in view of totally different fact situation.” (M/s Payal Vision Ltd. V. Radhika Choudhary;)