ADMISSIONS

30. Admission defined. An admission is a statement, or documentary, which suggests any inference as to an`‑ fact in issue or relevant fact, and which is made by any of the persons, and under the circumstances, hereinafter mentioned.

31. Admission by party to proceedings or his agent, etc. (1) Statement made by a party to the proceeding, or by an gent to any such party, who the Court regards, under the circumstances of the case. as expressly or impliedly authorized by him to make them, are admissions.

(2) ;statement made by parties to suits suing or sued in a representative character, *are not admissions, unless they were made while the party making them held that character.

(3) Statements made by‑‑

(a) persons who have any proprietary or pecuxtiary interest in the subject‑matter of the proceeding, and who made the statement in their character of persons so interested, or

(b) persons from whom the parties to the suit have derived their interest in the subject‑matter of the suit, are admissions if they are made during the continuance of the interest of the persons making the statements.

32. Admission by persons whose position must be proved as against party to suit.. 

 Illustrations

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 statement by C that he owned B rent is an admission, and is a relevant fact as against A, if A denies that C did owe rent to B.

33. Admission by persons expressly referred to by party to suit. Statements made by persons to whom a party to the suit has expressly referred for information in reference to matter in dispute are admissions.

Illustration

The question is, whether a hourse sold by A to B is sound.

A says to B: "Go and ask C. C knows all about it" C's statement is an admission.

34. Proof of admissions against persons making them, and by or on their behalf. A admissions are relevant and may be proved as against the person who makes them, or his representative in interest, but they cannot be proved by or on behalf of the person who makes them or by his representative in interest, except in the following cases:‑‑

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

(2) 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 of body existed, and is accompanied by conduct rendering its falsehood improbable.

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

Illustrations

(a) The question between A and B is, whether a certain deed is or is not forged, A affirms that it 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; but 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.

(b) A, the captain of 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 observation alleged to have been taken by him from day to day. an(l 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).

(c) 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, and bearing the Lahore post-marks of that day.

The statement in the date of the letter is admissible, because, if A were dead, ii would be admissible under Article 46 paragraph (2).

(d) 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.

(e) A is accused of fraudulently having in his possession counterfeit coin which he knew to be counterfeit..

He offers to prove that he asked a skilful person to examine the coin as he doubted whether it was counterfeit or not, and that person did examine it and told him it was genuine.

A may prove these facts for the reasons stated in the last preceding illustration.

35. When oral admissions as to contents of documents are relevant. 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 document under the rules hereinafter contained, or unless the genuiness of a document produced is in question.