Sanjit Singh Salwan & Ors. vs. Sardar Inderjit Singh Salwan & Ors. (SC)

Evidence Act, 1872–Sec. 115–Civil Jurisprudence–Principle of estoppel–Applicability–Suit filed by the respondents for perpetual injunction was dismissed under the provisions of Order 7, Rule 11–During the pendency of appeal, the parties stated that they have appointed the sole arbitrator for resolving the dispute and it was stated that the appeal be decided on the basis of award passed by the sole arbitrator–Appeal was decided in terms of the compromise decree and the same continues to hold field even today–Thereafter, the appellants filed the miscellaneous case for execution of compromise decree–View of Commercial Court that the award was nullity as the dispute pertained to the affairs of the Trust and the arbitrator could not have gone into the dispute in view of the provisions of Sec. 92, CPC–Initially, it was the case of respondents that the Civil Court had the jurisdiction u/s. 92 of the Code–Now, it would be impermissible to take such opposite stand from the one that they had taken while initiating the proceedings–On the doctrine of estoppel by conduct and election, the respondents cannot be permitted to raise now a plea that the compromise deed based on the award was a nullity in view of the provisions of Sec. 92 of the Code–Appellants are at liberty to revive the execution proceedings.