Section 58 of the Evidence Act, 1872

Section 58 of the Evidence Act, 1872—Facts admitted need not be proved.—No fact need to be proved in any proceeding which the parties thereto or their agents agree to admit at the hearing, or which, before the hearing, they agree to admit by any writing under their hands, or which by any rule of pleading in force at the time they are deemed to have admitted by their pleadings:

Provided that the Court may, in its discretion, require the facts admitted to be proved otherwise than by such admissions.

COMMENTS

IMPLIED ADMISSION

Implied admission in written statement cannot be allowed to be withdrawn. However, the plaintiff can be insisted upon to prove his case;

 Uttam Chand Kothari v. Gauri Shanker Jalan, AIR 2007 Gau 20.