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Report No. 185 Section 19 Section 19 deals with 'admissions by persons whose position must be proved as against party to suit'. It states that 'statements made by persons whose position or liability it is necessary to prove as against any party to the suit, are admissions, if such statements would be relevant as against such persons in relation to such position or liability in a suit brought by or against them, and if they are made whilst the person making them occupies such position or is subject to such liability'. The following illustration given under the section can help in understanding the purport of the section: 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 statement by C that he owed B rent is an admission, and is a relevant fact as against A, if A denies that C did owe rent to B." In other words, the statements made relevant under the section are statements by persons who are not parties to the suit. Field gives another example: A and B are jointly liable for a sum of money to C. C brings an action against A alone. A objects that he cannot singly or severally be liable and that B should be joined as a co-defendant by being jointly liable. An admission by B to his joint liability is relevant between A and C. (Field, 6th Ed. p.91) An admission in the written statement of one co-mortgagee of the receipt of the whole mortgage debt is admissible against the other comortgagee (Appavu v. Nanjappa 25 Mad L.J 329). We agree with the 69th Report that no change is necessary in section 19 but that the word 'suit' may be substituted by the word 'civil proceeding'. A change to a like effect in the title is also recommended.    |
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