Admission of written statement in the legal proceedings
T.R. Ganesan
(Querist) 05 February 2012
This query is : Resolved
Sirs,
Kindly give your valuable answer to the following legal position.
1. In a proceedings under the provisions of Bombay Public Trusts Act, 1950, one of the opponents filed the Written Statement which is taken on record and marked as Exhibits. Copy served to other side (Reporting Trustee)but the Reporting Trustee did not reply to the W.S. The Reporting Trustee led evience and the cross examination is also over. The arguments of R.T. is also over. The opponents did not lead evidence and did not step into the witness box because the contents of W.S. was not controverted by the R.T. Whether the W.S. can be relied upon by the opponent while arguing the matter as the same is Exhibited.
adv. rajeev ( rajoo )
(Expert) 05 February 2012
Admissted facts cannot be proved. Once it is an admitted in the WS, so it is binding
V R SHROFF
(Expert) 05 February 2012
Admitted facts , are not in issue. no need for it's evidence as is in WS.
Devajyoti Barman
(Expert) 05 February 2012
If the facts are not proved by way of evidence the court can not look into it.
Only those facts which are admitted by the other party need not be proved but that does not mean that the court can not ask for proof of it.
Chanchal Nag Chowdhury
(Expert) 05 February 2012
WS is not a document to prove facts, hence cannot be marked as Exhibit. No reply to a WS is reqd. unless counter-claim/set-off is claimed.
Defendant may suffer in the absence of evidence.
Kirti Kar Tripathi
(Expert) 05 February 2012
unless contents of pleadings are not admitted by the opponent in his pleadings, the plaintiff has to prove contents of pleadings by way of evidences.
venkatesh Rao
(Expert) 05 February 2012
WS or any pleading is a set of facts which the parties have to prove if the other party denies and disputes them. Pleadings themselves are not the proofs of facts. WS or muchless any pleading cannot be marked as exhibit in any civil proceedings in which they have been originally files. Again WS is filed in response to plaint and there is no reply to WS. If there be any, it must be through rejoinder.
prabhakar singh
(Expert) 05 February 2012
The party who has filed the W.S is bound by admissions made there in and plaintiff can rely on admissions made therein to show that those facts admitted need not be proved.
But contents of w.s. shall not be deemed to have been proved if defendant has not entered in the witness box to prove the case pleaded in the W.S.
In net effect the situation is beneficial to plaintiff and damaging to defendant.
