Judgment :-

S.B. Sinha, J.

1. Leave granted.

2. Effect of a statement made by a counsel on the merit of a lis is in question in this appeal which arises out of a judgment and order dated 28.7.2008 passed by a Division Bench of the Delhi High Court dismissing an appeal from a judgment and order dated 20.7.2007 passed by learned Single Judge of the said Court.

3. Parties hereto were members of a joint family.

4. First respondent filed a suit for partition in respect of the properties fully described in Schedule appended to in the plaint. In the said suit, his brother, sisters and mother as well as children of the pre-deceased brother and Shri Amar Nath Anand, father of the appellants were impleaded as parties.

The matter came up before a learned Single Judge of the said Court on 14.10.1999. One Shri Y.K. Kapoor, learned advocate, appeared for all the defendants. He made a statement on their behalf that they were not disputing the share of the appellant in all the properties in suit. On that premise, the question which arose for consideration of the Court was to explore the possibilities of partition by metes and bounds and/or sale of the joint properties. The counsel stated that th