A.D. 1901.] CODE OF CIVIL PROCEDURE.

Admissions, etc.

[No. 3.

693

admission.

210. Any party 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.

211.-(1.) Any party may call upon any other party to admit any document, saving all just exceptions; and in case of refusal or neglect to admit, after such notice, the costs of proving such document shall be paid by the party so refusing or neglecting, whatever the result of the cause or matter may be, unless at the trial or hearing the Court certifies that the refusal or neglect to admit was reasonable, or unless the Court at any time otherwise orders or directs.

(2.) 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 taxing officer, a saving of expense.

212. Any party may, by notice in writing, at any time not later than seven days before the day on which a cause, matter, or issue is to be tried or heard, call on any other party to admit, for the purposes of the cause, matter, or issue only, any specific fact or facts mentioned in such notice; and in case of refusal or neglect to admit the same within four 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 refusing or neglecting, whatever the result of the cause, matter, or issue may be, unless at the trial or hearing the Court certifies that the refusal or neglect to admit was reasonable, or unless the Court at any time otherwise orders or 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 cause, matter, or issue, 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: Provided, also, that the Court may at any time allow any party to amend or withdraw any admission so made, on such terms as may be just.

Notice to admit document.

16. r. 2.

Notice to admit fact.

Ib. r. 4.

Effect of admission.

Ib. r. 7.

213. An affidavit of the solicitor or his clerk of the due signature of any admission made in pursuance of any notice to admit documents or facts shall be sufficient evidence of such admission, if evidence thereof is required.

214. Any party may, at any stage of a cause or matter, where admissions of fact have been made, either on the pleadings or otherwise, apply to the Court for such judgment or order as upon such admissions he may be entitled to, without waiting for the determination of any other question.

Judgment or order upon admissions of fact.

Ib. r. 6.

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