SC: Statements made by Lawyers at Bar before Courts are legally binding on their Clients. [Read the Judgement]

The Supreme Court of Indian, in one of its recent judgement, has pronounced that statements made by Lawyers at Bar before courts during the course of hearings legal bindings on their clients.

The Judgement came out in a case titled as Om Prakash v. Suresh Kumar.

CASE BACKGROUND 

The petition has been filed against the judgments and orders passed by the Himachal High Court under Section 14 of the H.P. Urban Rent Control Act, 1987. The petitioner herein had asked for the eviction of his rented premises on the ground that he has to reconstruct the premise which couldn't be possible without the tenant vacating the property. The Appellant Court approved of the decree of the suit filed against which the tenant filed a Civil Revision Petition in High Court. During the course of hearing of the petition, the Learned Counsel for the respondent-tenant had urged before the High Court that the tenant was ready and willing to handover possession of the suit premises subject to the landlord (petitioner herein) agreeing to re-induct him as a tenant in an equivalent area occupied by him in the suit building. 

Responding to this the Learned Counsel appearing for the present appellant-petitioner, unequivocally, stated before the High Court that the appellant-petitioner wasn't averse to the offer so made by the tenant. The High Court so recorded the statement and disposed of the petition accordingly. 

The appellant thereafter changed his Advocate and then filed a review petition before the High Court asserting that he had never instructed his counsel to make such a statement before the Court regarding re-induction of the respondent-tenant in the newly constructed shops.

The principal argument of the appellant is that the statement made by his Counsel before the High Court was not binding on him, as it was made without his instructions.

He relied on the judgement given by the Himachal Pradesh High Court in Himalayan Coop. Group Housing Society v. Balwan Singh & Ors.

The High Court though dismissed the same and appellant then reached the Supreme Court against both the judgement and order passed by the Himachal Pradesh High Court.

SUPREME COURT JUDGEMENT

The Apex Court was of the view that from the tenor of the statement made before the High Court on behalf of the appellant, it was obvious that it is an unequivocal statement made by the Counsel engaged by the appellant to espouse his (appellant's) cause before the High Court and clearly it was the case of the appellant that he had expressly instructed his Counsel not to make such a statement. Further, the statement was in respect to the commitment of the appellant qua the subject matter of the proceedings in which the Counsel was engaged and instructed to appear. 

The Court then stated that considering the above facts that the Appellant cannot be allowed to resile from the statement made before the High Court, which the High Court justly declined to undo in the review petition filed by the appellant for that purpose.

The Court declined the contention of the petitioner to avail the decision in Himalayan Coop. Group Housing Society v. Balwan Singh & Ors. as it is not a case where the Counsel, who made the statement was not engaged by the appellant before the High Court. The engagement was in respect of eviction proceedings and the statement was in relation to the commitment of the appellant qua the subject matter thereof and being an unequivocal statement, it will be binding on the appellant.

The judgement was delivered by Justice A.M. Khanwilkar on 30-01-2020 while the bench comprised of in addition to him, Justice Hemant Gupta and Justice Dinesh Maheshwari.

Read Judgement Here:

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