Supreme Court · 2009 INSC 264 · Decided 25 February 2009

Saroj Anand & ORS. v. Prahlad Rai Anand & ORS.

Court
Supreme Court of India
Citation
2009 INSC 264 · [2009] 3 S.C.R. 428
Case number
CIVIL APPEAL No. 1185/2009
Decided
25 February 2009
Bench
S.B. SINHA, V.S. SIRPURKAR (2-judge bench)
Outcome
Dismissed
Case type
Civil
Acts & sections cited
CPC

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 made by counsel - Parties were present in the court when order was D 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

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