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april 2011

Supreme Court of India · 2011-04-15

Deb Ratan Biswas & Ors vs Most. Anand Moyi Devi & Ors

Citation / case number
AIR 2011 SUPREME COURT 1653
Court
Supreme Court of India
Petitioner
Deb Ratan Biswas & Ors
Respondent
Most. Anand Moyi Devi & Ors
Author
Markandey Katju
Bench
Gyan Sudha Misra, Markandey Katju

Judgment text excerpt

The Supreme Court held that the High Court erred in interfering with the findings of fact recorded by the Subordinate Judge-V, Bhagalpur regarding the validity of a compromise petition in a partition suit. The Court emphasized that the signing of the compromise by the principals, Pushpa Biswas and Apurva Kumar Biswas, amounted to an implied revocation of the power of attorney granted to Dr. Sanjeev Kumar Mishra under Illustration to Section 207 of the Indian Contract Act. The appeal was allowed, affirming the Subordinate Judge's dismissal of the Miscellaneous Case as maintainable only by both attorneys acting jointly.

Deb Ratan Biswas & Ors vs Most. Anand Moyi Devi & Ors · Niyam