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SHANTI BUDHIYA VESTA PATEL AND ORS. vs. NIRMALA JAYPRAKASH TIWARI AND ORS.

SCR Citation: [2010] 4 S.C.R. 958
Year/Volume: 2010/ Volume 4
Date of Judgment: 21 April 2010
Petitioner: SHANTI BUDHIYA VESTA PATEL AND ORS.
Disposal Nature: Appeals Dismissed
Neutral Citation: 2010 INSC 229
Judgment Delivered by: Hon'ble Mr. Justice Mukundakam Sharma
Respondent: NIRMALA JAYPRAKASH TIWARI AND ORS.
Case Type: CIVIL APPEAL /3549-3551/2010
Order/Judgment: Judgment
1. Headnote

Deed and document:

Power of Attorney (POA) - Party executing the POA is bound by the acts of the POA holder- On facts, predecessor-in-interest of appellant executed POA in favour of respondent 9 - On the death of predecessor, all the appellants executed POA in favour of respondent 9 - On the basis of POA, respondent 9 entered into consent terms with opposite parties - Consent terms challenged by appellants - Held: Appellants are estopped from questioning the, acts done by respondent 9 - Court can accept the consent terms entered into by the POA holder on behalf of the parties and consent decree so obtained would be valid - Compromise/Settlement- Estoppel - Consent decree - Power of Attorney. 

Code of Civil Procedure, 1908:

 0.23 r.3 - Compromise under - Burden to prove that compromise tainted by fraud or coercion - Held: Lies on the party who alleges the same - On facts, particulars in support of the allegation of fraud or coercion in obtaining consent decree not properly pleaded as required by law - Consent decree would remain valid - Compromise/settlement - Consent decree.

2. Case referred
3. Act
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4. Keyword
  • Deed and document: Power of Attorney (POA) - Party executing the POA is bound by the acts of the POA holder