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    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?
    A The court must disregard the admission Correct Answer Incorrect Answer
    B The admission is binding and the court can record it as proof Correct Answer Incorrect Answer
    C The admission can always be retracted Correct Answer Incorrect Answer
    D Only written admissions count Correct Answer Incorrect Answer
    E Admissions are always considered hearsay Correct Answer Incorrect Answer

    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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