2. Notice to admit documents.- Either party may call upon the other party to admit, within seven days from the date of service of the notice any document, saving all just exceptions; and in case of refusal or neglect to admit, after such notice, the costs of proving any such document shall be paid by the party so neglecting or refusing, whatever the result of the suit may be, unless the court otherwise directs; and no costs of proving any document shall be allowed unless such notice is given, except where the omission to give the notice is, in the opinion of the court, a saving of expense.
HIGH COURT AMENDMENTS
Allahabad.- In Rule 2 of order XII— (a) insert words without sufficient cause” between the words “neglect to admit” and the words “after such notice”; (b) substitute the words “such special” for the word “the” occurring between the words “after such notice” and the words “costs of proving”; (c) insert a comma and after that the words “as may be fixed by the Court not exceeding fifty rupees for each document” between the words” any such document” and the words “shall be paid by party”; and (d) Insert the comma and the words “unless the Court otherwise directs” and the semi-colon thereafter occurring between the words “whatever the result of the suit may be” and “and no costs of proving an’ document”. (1.6.1957). — Patna.- Add the following clause at the end of Rule 2: ‘‘The Court may allow a penal costs in case of wrongful or unreasonable refusal to admit documents irrespective of the result of the litigation.” (26th July, 1972). -
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