PERSONS ELIGIBLE TO MAKE ADMISSIONS:  ADMISSIONS IN CIVIL CASES WHEN RELEVANT

OPENING NOTE: 

An admission is a statement made by a person during a legal proceeding that suggests an inference as to any relevant fact. The law provides guidelines on how admissions can be made, who can make them, and how they can be used as evidence in court. These rules ensure that statements made in a legal context are properly evaluated and that no unfair advantage is gained through misleading or incorrect admissions.

RELEVANT PROVISIONS:

Articles 30-36 of the Qanun-e-Shahadat Order, 1984 (Q.S.O 1984) provide the legal framework for admissions in evidence.

WHAT IS MEANT BY ADMISSION?

According to Article 30 of Q.S.O 1984, “A statement, oral or documentary, which suggests any inference as to any fact in issue or relevant fact, and which is made by any person under the mentioned circumstances.”

WHICH ARE NOT ADMISSIONS:

• a) Self-serving statements

• b) Incomplete statements

KINDS OF ADMISSION:

• a) Judicial Admission: Formal admissions made by a party during court proceedings.

• b) Extra-Judicial Admission: Informal admissions not appearing on the record of the case.

PERSONS ELIGIBLE TO MAKE ADMISSIONS: (ARTICLES 31-33)

1. By the party itself in the proceedings.

2. By the agent of the party in the proceedings.

3. By the party’s representative.

4. By a person jointly interested in the subject matter of the suit.

5. By a person from whom interest is derived.

6. By a person whose position must be proved as against the party to the suit.

   Illustration:
   A undertakes to collect rents for B.
   B sues A for not collecting rent due from C to B.
   A denies that rent was due from C to B.
   A’s statement that C owed rent to B is an admission, and is a relevant fact as against A if A denies that C owed rent to B.

7. By predecessor-in-interest.

8. By a person expressly referred by the party to the suit.

CIRCUMSTANCES IN WHICH ADMISSION CAN BE PROVED (OR PROOF OF ADMISSIONS AGAINST PERSONS MAKING THEM, AND BY OR ON THEIR BEHALF) (ARTICLE 34):

Admissions are relevant and may be proved as against the person who makes them or their representative-in-interest, except in the following cases:

1. When it is of such nature that, if the person making it were dead:
   An admission may be proved by or on behalf of the person making it, when it is of such a nature that, if the person making it were dead, it would be relevant as between third persons under Article 46.

   Illustration 1:
   A, the captain of a ship, is tried for casting her away. Evidence is given to show that the ship was taken out of her proper course. A produces a book kept by him in the ordinary course of his business showing observations allegedly taken by him from day to day, and indicating that the ship was not taken out of her proper course. A may prove these statements, because they would be admissible between third parties if he were dead under Article 46, paragraph (2).

   Illustration 2:
   A is accused of a crime committed by him at Peshawar. He produces a letter written by himself and dated at Lahore on that day, bearing the Lahore postmarks of that day. The statement in the date of the letter is admissible because, if A were dead, it would be admissible under Article 46, paragraph (2).

2. When it consists of a statement of the existence of any state of mind or body:
   An admission may be proved by or on behalf of the person making it, when it consists of a statement of the existence of any state of mind or body, relevant or in issue, made at or about the time when such state of mind or body existed, and is accompanied by conduct rendering its falsehood improbable.

   Illustration:
   The question between A and B is whether a certain deed is forged. A affirms that it is genuine, B that it is forged. A may prove a statement by B that the deed is genuine, and B may prove a statement by A that the deed is forged. However, A cannot prove a statement by himself that the deed is genuine, nor can B prove a statement by himself that the deed is forged.

3. When it is relevant otherwise than as an admission:
   An admission may be proved by or on behalf of the person making it if it is relevant otherwise than as an admission.

   Illustration:
   A is accused of receiving stolen goods knowing them to be stolen. He offers to prove that he refused to sell them below their value. A may prove these statements, though they are admissions, because they are explanatory of conduct influenced by facts in issue.

WHEN ORAL ADMISSIONS AS TO CONTENTS OF DOCUMENTS ARE RELEVANT (ARTICLE 35):

Oral admissions as to the contents of a document are not relevant unless and until the party proposing to prove them shows that he is entitled to give secondary evidence of the contents of such documents under the rules hereinafter contained, or unless the genuineness of a document produced is in question.

ADMISSIONS IN CIVIL CASES WHEN RELEVANT (ARTICLE 36):

In civil cases, no admission is relevant if it is made under an express condition that evidence of it is not to be given, or under circumstances from which the court can infer that the parties agreed together that evidence of it should not be given.

Explanation:
Nothing in this Article shall be taken to exempt any advocate from giving evidence of any matter of which he may be compelled to give evidence under Article 9.

DIFFERENCE BETWEEN ADMISSION AND ESTOPPEL:

1. Admission is a written or verbal statement that suggests an inference regarding the rights and liabilities of the parties, i.e., a fact in issue, whereas Estoppel is a rule of evidence that prevents a person from contradicting their earlier representation.

2. Admissions are not conclusive evidence; they can be rebutted by positive proof, whereas estoppel is conclusive.

3. In some circumstances, the admission of a third person binds the parties to the suit, whereas estoppel operates only against the person making the representation and their legal representative.

4. Admissions are considered weak evidence, whereas estoppel is regarded as decisive evidence of high quality.

5. In the case of admission, it is not necessary for a party to have changed their position based on the inducement of the person making the admission. In the case of estoppel, the person to whom the representation is made must have changed their position to their detriment.

6. The rule regarding admissions is laid down under Sections 30 to 36 of Q.S.O 1984, whereas the rule regarding estoppel is laid down under Section 114 of Q.S.O 1984.

CONCLUSION:

In conclusion, admissions play a significant role in determining the facts of a case, particularly in civil proceedings. The guidelines provided in Articles 30-36 of the Qanun-e-Shahadat Order 1984 clarify the types of admissions, who may make them, and the circumstances under which they are admissible. Understanding the distinction between admission and estoppel is also essential for legal proceedings, as estoppel holds greater weight in terms of conclusive evidence. Both concepts serve to ensure that the legal process remains fair and that parties cannot easily change or deny prior statements made during the course of a case.