Judgment – Admissions are the best proof of the facts admitted

Section 58 of the Indian Evidence Act 1872, reads as follows:-


Facts admitted need not be proved. – No fact need be proved in any proceeding which the parties thereto or their agents agree to admit at the hearing, or which, before the hearing, they agree to admit by any writing under their hands, or which by any rule of pleading in force at the time they are deemed to have admitted by their pleadings:

Provided that the Court may, in its discretion, require the facts admitted to be proved otherwise than by such admission.”

The Supreme Court in Nagindas Ramdas Vs. Dalpatram Ichharam alias Brijram, AIR 1974 SC 471 pointed out that admissions in the pleading are by far the best proof of the facts admitted and they by themselves can be made the foundation of the rights of the parties.

The court observed as follows:

“Admissions, if true and clear, are by far the best proof of the facts admitted. Admissions in pleadings or judicial admissions, admissible under Section 58 of the Evidence Act, made by the parties or their agents at or before the hearing of the case, stand on a higher footing than evidentiary admissions. The former class of admissions are fully binding on the party that makes them and constitute a waiver of proof. They by themselves can be made the foundation of the rights of the parties. On the other hand, evidentiary admissions, which are receivable at the trial as evidence, are by themselves, not conclusive. They can be shown to be wrong.”

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