Rule 4 of CPC : Rule 4: Notice to admit facts.

Explanation using Example

Example 1:

Scenario: Property Dispute

Ravi and Suresh are involved in a property dispute over a piece of land. Ravi claims that he has been in possession of the land for over 12 years, which Suresh disputes.

Application of Rule 4:

• Ravi sends a written notice to Suresh, nine days before the hearing, asking Suresh to admit that Ravi has been in possession of the land for the past 12 years.
• Suresh receives the notice but does not respond within six days.
• Because Suresh neglected to admit the fact, Ravi incurs costs to prove his possession in court.
• The court may order Suresh to pay the costs incurred by Ravi for proving the fact of possession, regardless of the final outcome of the case, unless the court decides otherwise.

Example 2:

Scenario: Breach of Contract

Anita and Rajesh have a contract where Rajesh is supposed to deliver 100 bags of cement to Anita by a specific date. Anita claims that Rajesh failed to deliver the cement on time, causing her financial loss.

Application of Rule 4:

• Anita sends a written notice to Rajesh, nine days before the hearing, asking him to admit that he did not deliver the cement by the agreed date.
• Rajesh receives the notice but refuses to admit the fact within six days.
• Anita has to prove in court that Rajesh failed to deliver the cement on time.
• The court may order Rajesh to pay the costs Anita incurred to prove the breach of contract, regardless of the final outcome of the case, unless the court decides otherwise.

Example 3:

Scenario: Personal Injury Claim

Priya files a lawsuit against a construction company, claiming that she was injured due to their negligence at a construction site. The company disputes the claim, stating that Priya was not present at the site on the day of the incident.

Application of Rule 4:

• Priya sends a written notice to the construction company, nine days before the hearing, asking them to admit that she was present at the construction site on the day of the incident.
• The construction company receives the notice but does not respond within six days.
• Priya has to provide evidence in court to prove her presence at the site.
• The court may order the construction company to pay the costs Priya incurred to prove her presence, regardless of the final outcome of the case, unless the court decides otherwise.