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.