ADMISSION OF TITLE BY THE LICENSEE- CPC 146 EVIDENCE 58- The defendant in his answer admitted title of the plaintiff but this was not recorded as an admission. The defendant raised an issue on plaintiff’s title combining his prescriptive plea along with it. The averment of title in the defendant’s answer on title was not recorded as an admission. Section 58 of the Evidence Ordinance. Once issues are framed the case which the Court has to hear and determine becomes crystallized in the issues and the pleadings recede to the background”-Hanaffi v Nallamma should not be misconceived. 58. No fact need 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. blogger's note - 67 NLR 357 In view of the provisions of section 58 of the Evidence Ordinance, Judge should record with the utmost care any admissions made by the parties.

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