1937_CODE_OF_CIVIL_PROCEDURE_ORDINANCE — Page 57

CODE OF CIVIL PROCEDURE.

No. 3 of 1901.

751

(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.

admit fact. O. 32, r. 4.

212. Any party may, by notice in writing, at any time not Notice to 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 reason- able, 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.

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 between the parties; and the court may, on such application, give such judgment or make such order as the court may think just.

Evidence of admission.

0. 32, r. 7.

Judgment or order upon

admissions

of fact. 0. 32, r. 6.

of service of notice.

215. An affidavit of the solicitor or his clerk of the service Evidence of any notice to produce, or admit and of the time when it was served, with a copy of the notice to produce, shall in all cases 0. 32, r. 8. be sufficient evidence of the service of the notice and of the time when it was served.