Case Note & Summary
The dispute arose from a partition suit filed by the first respondent concerning joint family properties. The appellants, members of the same family, contested the suit after a statement made by their counsel in 1999, which conceded to the plaintiff's share in all properties. The counsel's statement was recorded in the presence of the defendants, who later sought to retract it after the death of one of the defendants. The court noted that the defendants had not filed their written statement during the lifetime of the deceased, indicating their acceptance of the plaintiff's claims. The appellants argued that the counsel had misunderstood their instructions, but the court found no merit in this claim, stating that the statement made was binding. The appeal was dismissed on both merits and procedural grounds, with costs awarded to the respondents. The court reiterated that concessions made by counsel, especially in the presence of clients, are binding and can lead to a decree based on such admissions.
Headnote
A) Civil Procedure - Counsel's Statement - Binding Nature - Code of Civil Procedure, 1908, Order XXII, Rule 6 - The court held that a statement made by a counsel in the presence of the parties is binding, and the defendants could not retract their earlier concession regarding the partition of properties. The court emphasized that the parties had knowledge of the statement and acted upon it, thus dismissing the appeal (Paras 10-16).
Issue of Consideration
Whether the statement made by the counsel on behalf of the defendants was binding and whether the properties were subject to partition.
Final Decision
The Supreme Court dismissed the appeal, affirming the binding nature of the counsel's statement made in court regarding the partition of properties. The court held that the appellants could not retract their earlier concession and that the properties were subject to partition as per the earlier orders.
Law Points
- Effect of counsel's statement
- partition of joint family property
- binding nature of concessions
- Code of Civil Procedure
- 1908
