LEGAL PRINCIPLE: CIVIL PROCEDURE – Declaratory Reliefs – Burden of Proof – Admissions in Pleadings Insufficient
PRINCIPLE STATEMENT
It is true as was contended before us by the appellant's counsel that the rules of court and Evidence relieve a party of the need to prove what is admitted but where the court is called upon to make a declaration of a right, it is incumbent on the party claiming to be entitled to the declaration to satisfy the court by evidence, not by admission in the pleading of the defendant that he is entitled to the declaration.
RATIO DECIDENDI (SOURCE)
"It is true as was contended before us by the appellant's counsel that the rules of court and Evidence relieve a party of the need to prove what is admitted but where the court is called upon to make a declaration of a right, it is incumbent on the party claiming to be entitled to the declaration to satisfy the court by evidence, not by admission in the pleading of the defendant that he is entitled to the declaration."
EXPLANATION / SCOPE
While admissions in pleadings relieve a party from proving admitted facts, declarations of right require evidence—not just admissions. The party claiming entitlement to a declaration must satisfy the court by evidence. Admissions alone are insufficient. The court must be satisfied that the declaration is legally justified, not merely agreed upon. The principle prevents parties from obtaining declarations by consent on matters that require judicial determination. The court has a duty to examine the underlying legal basis. Declarations affect rights and must be based on proper proof. The court cannot rubber-stamp admissions. The requirement ensures that declarations are sound in law and fact. The court may require evidence even where facts are admitted.
