Admission & Deial of Documents

1. If photocopies are admitted by the opposite party it will be treated as evidence.

2. In civil suit, charges are not framed.  In civil suit issues are framed.  Issues are framed on the basis of the pleadings and the documents admitted or denied if any.

3. If the party misses opportunity, it will have no effect on the outcome of the suit.  But the parties will be required to formally prove the documents. Acceptance/denial can take place at the evidence stage.  If documents are accepted, opposite party is not required to formally prove the document and hence trial is expedited.

Thanks for your reply Mr. Menon. But as per CPC Order 12 Rule 2A, the documents (original or photocopies) if not denied explicitly are deemed accepted. Request you to clarify.

O.12 2A applies to cases where the party gives notice to the other party as laid down in the said order calling upon the other party to admit or deny.  In the query raised by you whether such notice was given? Even in such cases as per proviso you can request the court to exercise its discretion to call upon other  to prove the document so admitted. Practically only diligient advocates invoke the provisions of O.12. 

S.r. 2 of Rule 2A speaks about imposing cost to the other party by way of compensation for unreasonable neglect or refusal to respond to the notice. This indicates that though deeming provision exist in 2A courts seldom rely on the same and may insist the party giving notice to prove the document and may award compensation under Sub rule 2 of 2A.

Dear Mr. Menon the situation is as follows:

1. We were not present during the acceptance/denial time in HC and the other party denied all our documents as these were only photocopies or computer printouts. We are unable to deny/accept the original & photocopies of documents filed by the other party.

2. We filed some original documents after the acceptance/denial date and before the issues were framed. But the issues were framed based on the prayer in the suit of other party without giving us opportunity to accept/deny other party's documents.

3. We filed an application in court to give us opportunity for the acceptance/denial but it was rejected

4. Since we have lost the opporunity for acceptance/denial of documents, will the documents submitted by other party deemed accepted as per CPC Order 12 Rule 2A?

5. Can we issue a notice to the other party under O 12 R 2A for admission/denial?

Please guide me so that this missed opportunity doesn't go against us

Personally I feel document submitted by other party cannot be deemed to be accepted as per CPC O.12 R2A as the other party has not complied with the requirement of O.12 and in the manner laid down in the said order.

Therefore I feel the other party will be required to prove its documents.

Secondly you issue notice to the other party under O.12 R2A in respect of your documents.