Case Note & Summary
The plaintiff, Hiren P. Doshi, filed a summary suit against the State of Maharashtra and the Commissioner of Employees State Insurance Scheme for recovery of Rs.1,84,35,061/- with interest and costs. During the proceedings, the plaintiff issued a notice dated 4 August 2014 under Order XII Rule 3 of the Code of Civil Procedure, 1908, calling upon the defendants to inspect and admit 194 documents listed in the notice. The defendants neither personally nor through their advocate took inspection of the documents nor responded to the notice. Consequently, the plaintiff filed Chamber Summons No.961 of 2014 seeking an order that the documents be deemed admitted. The court examined Order XII Rules 2, 2A, 3, and 3A CPC. Rule 2A provides that every document which a party is called upon to admit, if not denied specifically or by necessary implication, or stated to be not admitted, shall be deemed to be admitted. The court noted that the defendants had ample time to respond but failed to do so. The court rejected the defendants' argument that the notice was not served, as the record showed service. The court held that the documents at Serial Numbers 1 to 194 in the list of documents at Exhibit A to the affidavit-in-support are deemed to be admitted by the defendants. The chamber summons was allowed with costs quantified at Rs.15,000/- payable by the defendants to the plaintiff.
Headnote
A) Civil Procedure - Admission of Documents - Order XII Rule 2A, 3 CPC - Deemed Admission - Plaintiff issued notice to defendants to admit documents under Order XII Rule 3 CPC; defendants neither inspected nor responded - Court held that documents are deemed admitted under Order XII Rule 2A CPC as defendants failed to deny or respond - Plaintiff's chamber summons allowed (Paras 1-8).
Issue of Consideration
Whether documents mentioned in a notice under Order XII Rule 3 CPC should be deemed admitted when the opposing party fails to inspect or respond to the notice
Final Decision
Chamber Summons allowed. Documents at Serial Numbers 1 to 194 in the list of documents at Exhibit A to the affidavit-in-support are deemed to be admitted by the defendants. Defendants to pay costs of Rs.15,000/- to the plaintiff.
Law Points
- Order XII Rule 2A CPC deems documents admitted if not denied after notice
- Order XII Rule 3 CPC provides for notice to admit documents
- costs of proving documents may be imposed on party neglecting to admit
