Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Concession by counsel Practice and procedure |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Practice and procedure - Concession by counsel - Binding effect of - Held: Counsel can make concession on c question of law as also on facts which would be binding on the parties - Decree can be passed on the basis of such concession of parties in terms of 0. XX/I, r. 6 CPC - On facts preliminary decree was passed on basis of statement made by counsel - Parties were present in the court when order was passed and could instruct their counsel - Subsequently, parties acted upon it- Thus, they cannot take a contrary stand afterwards - It was for them to spell out the purported misunderstanding between them and counsel - Code of Civil Procedure, 1908- 0. XX/I, r. 6. The question which arose for consideration in this appeal was whether counsel could have made concession on behalf of the parties and what was the effect of the statement made by a counsel. |
Judge | Hon'ble Mr. Justice S.B. Sinha |
Neutral Citation | 2009 INSC 264 |
Petitioner | Saroj Anand & Ors. |
Respondent | Prahlad Rai Anand & Ors. |
SCR | [2009] 3 S.C.R. 428 |
Judgement Date | 2009-02-25 |
Case Number | 1185 |
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