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.
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 owned B rent is an admission, and is a relevant fact as against A, if A denies that C did owe rent to B.
Simplified Explanation
Section 19 of the Indian Evidence Act, 1872 addresses the relevance of admissions made by persons whose position or liability must be established as evidence against a party to a suit. This section is particularly relevant in cases where the relationship, liability, or connection of a third party to the facts in issue must be proven before holding the main party accountable.
Text of Section 19:
“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.”
Explanation:
- Position or Liability: This section applies when the position, relationship, or liability of a third person must be proven before a claim can be made against the main party to the suit. For example, this could involve an agent, trustee, or employee whose connection to the party must be established.
- Relevance of Statements: The statements made by such a third person are considered admissions if:
- The statements would be relevant in a suit directly involving that third person concerning their position or liability.
- The statements were made while the person was in that position or under that liability.
- Scope of Admissions: This section essentially allows the statements made by a third person, whose connection to the main party must be proven, to be treated as admissions against the main party. This can help establish the relationship or liability of the third person, which is a prerequisite to holding the main party accountable.
Example:
Imagine a case where A is suing B, a company, for breach of contract, and B denies that C, who signed the contract on behalf of B, was authorized to do so.
- Fact in Issue: Whether C was authorized to act on behalf of B in signing the contract.
- Relevant Admissions under Section 19:
- Position of C: To hold B liable, A must first prove that C was B’s authorized agent. C’s position as an agent must be established before A can enforce the contract against B.
- Admission by C: Suppose C had previously stated, “I have been given full authority by B to sign contracts on their behalf,” while C was still employed by B. This statement by C, made while occupying the position of B’s agent, would be relevant under Section 19 as an admission. It can be used to prove C’s authority and, consequently, hold B liable for the contract.
- Liability of C: If C had taken responsibility for any breach of the contract while acknowledging that they were acting on behalf of B, this statement would also be relevant as it ties B to the contract through C’s position.
Significance:
Section 19 is significant because it facilitates the establishment of a connection between a third party’s position or liability and the main party in a legal suit. By allowing statements made by such third parties to be treated as admissions, the section helps in proving necessary elements of a case that involve indirect relationships or responsibilities. This can be crucial in cases where proving the authority or liability of a third person is a prerequisite for holding the main party accountable, thereby streamlining the legal process and ensuring that relevant admissions are considered.
