Supreme Court of India · 2009-02-25
Saroj Anand & Ors vs Prahlad Rai Anand & Ors
- Citation / case number
- AIR 2009 SC (SUPP) 2797
- Court
- Supreme Court of India
- Petitioner
- Saroj Anand & Ors
- Respondent
- Prahlad Rai Anand & Ors
- Author
- S.B. Sinha
- Bench
- S.B. Sinha, V.S. Sirpurkar
Judgment text excerpt
The Supreme Court addressed the implications of a counsel's statement in a partition suit under Section 151 of the Code of Civil Procedure. The Court held that a statement made by counsel, which was recorded by the court, binds the parties unless explicitly retracted. The Court affirmed the lower court's decision to allow partition instead of sale, emphasizing the importance of adhering to prior representations made in court. The appeal was dismissed, upholding the right to partition the joint family property.