Parties to be subject to Court’s jurisdiction
Full Text
Where the agreement has been filed, the parties to it shall be subject to the jurisdiction of the Court and shall be bound by the statements contained therein.
Plain English Summary
Declares that once the special case agreement is lodged in court, the signatories are irrevocably subject to the court's jurisdiction and judicially bound by the agreed statement of facts without power of unilateral withdrawal.
Key Legal Elements
- Irrevocable Submission to Jurisdiction: Parties cannot subsequently challenge territorial or procedural competence.
- Judicial Estoppel on Agreed Facts: Statements and facts admitted in the agreement operate as binding formal admissions under Section 58 Evidence Act / Section 53 BSA.
- No Unilateral Withdrawal: A party cannot withdraw from the agreement merely because it fears an adverse judicial opinion.
- Rescission Only on Fraud or Mistake: Can only be avoided if vitiated by fraud, undue influence, or mutual mistake under Section 19/20 Contract Act.
Practical Note
Binding Nature of Agreed Statement of Facts: 1. Complete Judicial Estoppel: In Secretary of State v. F.E. Dinshaw (AIR 1935 Sind 1), it was held that once an agreement is filed under Order XXXVI, neither party can resile from the stated facts. The agreed statement operates as a formal judicial admission which dispenses with proof under Section 58 of the Indian Evidence Act, 1872 (Section 53 Bharatiya Sakshya Adhiniyam, 2023). 2. No Locus Poenitentiae: A party who develops second thoughts cannot unilaterally revoke its consent or withdraw the special case without mutual consent or proof of fraud.
हिंदी पाठ
जहां करार फाइल कर दिया गया है, वहां उसके पक्षकार न्यायालय की अधिकारिता के अध्यधीन होंगे और उसमें अंतर्विष्ट कथनों से आबद्ध (Bound) होंगे।