Bound by Estoppel? Understanding Averments in Previous Plaints

2024 0 Supreme(Cal) 343

Guru Raj Reddy Represented By GPA Laxmi Narayan Reddy (supra) that for the purpose of considering an application under Order VII Rule 11 of the Code, statements made in the plaint are to be given face value and taken to be correct to decide whether the plaint is hit by provision of Order VII Rule 11 ... Thus, the grounds taken for rejection of plaint under clause (d) of Order VII Rule 11 of the Code falls short of merit. 8. ... The last ground #HL_ST....

He has failed to appreciate that in order to create a valid estoppel there must be not only action by one party on the faith of the declaration or act of the other party but also such action must be to his detriment. What is the action the defendant is alleged to have taken ? ... This is an elementary rule of law but the learned judge tries to overcome it by stating that a party to an action is entitled to waive any right that he has. ... In order to create a valid es....

2023 0 Supreme(Del) 1757

Having regard to Order 7 Rule 14 CPC, the documents filed along with the plaint, are required to be taken into consideration for deciding the application under Order 7 Rule 11(a). ... Needless to state, if with reference to previous pleadings in a suit, a party is barred from pleading to the contrary in a subsequent suit, the principle of estoppel by pleading is squarely attracted. 22. ... A plaint can be rejected on account of estoppel#HL_....

2007 0 Supreme(MP) 212

Admission is only a piece of evidence and can be explained; it does not conclusively bind a party unless it amounts to an estoppel. Value of an admission has to be determined by keeping in view the circumstances in which' it was made and to whom. ... The Appellate Court only considered the pleadings in reference to the parties of previous suit. When Rajrup was not party in the previous suit how this admission may bind him. Vrindawan was substituted after the death of ....

2012 0 Supreme(Del) 2828

Ltd. to the same effect is the averment made in para 14 of the previous suit. ... Needless to state, if with reference to previous pleadings in a suit, a party is barred from pleading to the contrary in a subsequent suit, the principle of estoppel by pleading is squarely attracted. ... 22. ... The plaintiffs, therefore, want to take a plea which is absolutely contrary to the plea taken in the previous suit. In fact, the plea taken by the plaintiffs i....

1913 0 Supreme(Mad) 18

to a personal estoppel as against the former. ... The rule with regard to the authority of a plaintiff-creditor in an administration action is based on the ground that when a decree has been obtained for administration, the Court has taken upon itself the duty of administering the assets and that the Court having undertaken that duty will not allow ... In consequence of a question put from the Bench to the appellants Vakil, whether in any event there would not be a bar by personal estoppel to the maintainability of this ....

1971 0 Supreme(Ker) 272

The defence in the suit was that the suit as framed was not maintainable and further that the deity having been made a party to the previous suit the scheme as framed therein was binding on it under the principles of res judicata. It was held that the rule of res judicata had no application. ... Estoppel is a rule of evidence and the general rule is enacted in S.115 of the Evidence Act, which lays down that when one person has by his declaration, act or omission caused or permitted ano....

2024 0 Supreme(Ker) 1194

Estoppel is based on the maxim, allegans contraria non est audiendus (a party is not be heard to allege the contrary) and is that species of presumption, where the fact presumed is taken to be true, not as against all the world, but against a particular party, and that only by reason of some act done ... An equitable estoppel operates, if its elements are established, as a rule of evidence preventing the assertion of rights which may otherwise exist.”The Apex Court held that a bare ren....

2023 0 Supreme(Del) 5307

It is submitted that any plaint, statement, averment made before a Court of law is accompanied with a declaration that the facts therein are true and correct, and it is a complete representation of the facts of the case as believed to be true by the party making such averments. ... taken on record. ... By applying the said analogy, it can be safely held that upon the discovery of a new document which was not in the knowledge of a party at the time of the previous suit and which entitl....

2023 0 Supreme(Del) 9365

By applying the said analogy, it can be safely held that upon the discovery of a new document which was not in the knowledge of a party at the time of the previous suit and which entitles a party to a substantive right, the party should be given an opportunity to establish his rights upon proving the ... It is further stated that Order VI Rule 17 of the CPC, which empowers the Court to permit the either party to alter or amend its pleading, does not permit the parties to change the cas....

2020 0 Supreme(Kar) 583

Further, the parties should not blow hot and cold by taking inconsistent stands and prolong proceedings unnecessarily.” The doctrine of election is based on the rule of estoppel the principle that one cannot approbate and reprobate inheres in it. The doctrine of estoppel by election is one of the species of estoppels in pais (or equitable estoppel), which is a rule in equity........Taking inconsistent pleas by a party makes its conduct far from satisfactory. (b) The above having been said, now what needs to be examined is the invocability of the said proposition in the fact....

2019 0 Supreme(P&H) 505

6. As regards question no.1, it may be noted that the learned counsel is basing its claim on the basis of estoppel. In the present case, gift of 10 bighas land is out of joint land inherited by plaintiff and defendant no.1, therefore, it cannot be said that by accepting the gift the plaintiff had in any manner acknowledged defendant no.1 to be exclusive owner of the entire property or resulted in the defendant having changed his position on the representation of the plaintiff. The rule of estoppel can be invoked only after on the representation of one party other party has changed ....

2018 0 Supreme(Bom) 2578

In support attention is drawn to the decision of the Apex Court in Binoy Viswam v. Union Of India And Ors. (2017) 7 SCC 59 wherein it was held that the Section 139AA of the Act, is not violative of Article 14 and 19 of the Constitution of India, The above view is again reiterated by the Supreme Court in Justice K.S. Puttaswamy (Retd.) & Anr. v. Union Of India And Ors. (2018) 1 SCC 809 In view of the above position in law, it is submitted that there can be no estoppel in law and an incorrect concession made contrary to the statutory provisions would not bind the party on whose behal....

2017 0 Supreme(Del) 4422

Estoppel acts only on a wrong concession made of a fact and an erroneous concession of law will not bind or estop a party. Appellant/plaintiff therefore made a wrong concession of law with respect to the suit being barred although as per the plaint it is clearly mentioned that the factum with respect to the sale deed of the year 2003 in favour of the respondent no.3/defendant no.3 by the respondent no.1/defendant no.1 was not known to the appellant/plaintiff till the year 2007, and that consequently Section 17 of the Limitation Act will only come into play for the suit not ....

2015 0 Supreme(Kar) 344

Value of an admission has to be determined keeping in view the circumstances in which it is to be made and to whom. Admission is only a piece of evidence and can be explained. It does not conclusively bind a party unless it amounts to an estoppel.