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Documents filed need to prove if petition content is already admitted


26-Oct-2023 (In Family Law)
When the contents of petition are admitted, is there any need to prove the documents filed on record?
Answers (3)

Answer #1
692 votes
No, there is no need to prove filed documents if petition content is already admitted sofar as documents are certified, public or original one 30 years old there also does not have need to prove it.

Answer #2
528 votes
Please refer to Sec. 58 of the Indian Evidence Act.
Facts admitted by the parties to the proceedings need not be proved.
If the petition is supported byvan affidavit and there are admissions to the contentions raised by the other side, then the other side need not prove those things which are admitted.
Answer #3
655 votes
Hi,
If the content of the petition are admitted then it is the fact of the case which decide the whether document which we filed need to be proved or not and it is the discreation of the court. Court may call parties to prove his own case. in law there are two types of admission. first one is admission of law and second one is admission of fact. Admission of fact is binding on the parties but admission of law are not. So, please see the your matter and take decision whether documents need to be proved or not.
Thanks.

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