In a recent judgement the Hon’ble Supreme Court had to observe the effect of a categorical statement made by the counsel on their clients.
The case of Om Prakash v. Suresh Prakash was primarily a dispute between a landlord and a tenant. In the case, the counsel who was representing the landlord, in the process of presenting his arguments in the High Court, made an unequivocal statement saying that the tenant will be re-inducted in equal in the newly constructed building within a period of one month.
The issue that came up for consideration before the Supreme Court was whether such a statement made by a counsel would be legally binding on the client. Or in the said case, whether the statement made by the counsel indicating certain commitment on the part of the landlord would become binding on him.
The bench observing this dispute consisted of Justice AM Khanwilkar, Justice Hemant Gupta and Dinesh Maheshwari. They noted that since the statement regarding the commitment of the landlord made by his counsel was completely unequivocal, as well as had complete relevance to the matter in hand, it will be binding on the landlord.
While coming to this conclusion, the bench put much reliance on the Himalayan Coop. Group Housing Society v. Balwan Singh (2015) where it had been observed that the authority- agency status between the lawyer and client enables the lawyer to act on behalf of the client on the subject matter in question. Therefore, the decision thus formed made the client bound by the statement of his counsel.
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Link for Judgement: Om Prakash v. Suresh Kumar