Question
Under Order 19 of the Code of Civil Procedure, 1908, when a party makes admissions in the written statement or during examination, what is the effect?
Solution
Order 19, Rule 16 provides that facts admitted in a written statement or by a party during examination are taken as admitted and may be recorded by the court as proof. However, the court has discretion to permit a party to retract admissions if: (1) the party was misled, (2) the admission was made under pressure, or (3) it was clearly erroneous. Otherwise, admissions stand as conclusive proof. [Citation: Order 19, Code of Civil Procedure, 1908]
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