Admission in pleadings stand on higher footing

In Nagindas Ramdas v. Dalpatram Ichharam alias Brijram (Supreme court )

It was held that ……. Admissions, if true and clear are by far the best proof of the facts admitted. Admissions in Pleadings or Judicial admissions, admissible under Section 58 of the Evidence Act, made by the parties or their agent at or before the hearing of the case, stand on a higher footing than evidentiary admissions. The former class of admissions is fully binding on the party that makes them and constitutes a waiver of proof. They by themselves can be made the foundation of the rights of the parties. On the other hand, evidentiary admissions, which are receivable at the trial as evidence, are by themselves, not conclusive. They can be shown to be wrong.

This entry was posted in Indian Evidence Act, 1872, Section 58 IEA, Uncategorized. Bookmark the permalink.

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