Approbation and Reprobation

Scope elucidated.

Non allowable.

Party cannot be allowed to blow hot and cold in same breath as it would amount to approbation and reprobation.

None can take two different stances on the same plea before two Courts as approbation and reprobation cannot be allowed.

Where a person relied on one document in respect of a particular transaction, but disputed effectiveness of the same document in relation to the other aspects, such a person could not be allowed to approbate and reprobate.

Where respondent acknowledged title of appellant in the suit land and obtained its lease from him under a duly executed lease deed, he would not be allowed to take contradictory stands and principle of approbation and reprobation would apply with full force.

Attorney-Persons cannot be permitted to own such actions of their attorney as suit them and disown such actions as do not suit them.[Attorney]

Doctrine of-No party can be allowed to take inconsistent pleas in same proceeding.

Party to case could not approbate and reprobate about same matter in same breath-Party having already taken plea of his not being a tenant, could not put forward plea of his being a tenant in further proceedings.

Approbation and reprobation-Government in a previous pending litigation obtaining leave to appeal from order of High Court by which benefit of war services was given to a number of Assistants employed in Civil Secretariat and yet subsequently itself granting presumptive seniority to some other employees on basis of war services benefit -Special Leave to Appeal granted by Supreme Court to person whose seniority had thus been affected adversely.

Approbation and Reprobation Plaintiff filing suit for ejectment in revenue Court-Defendant denying relationship of landlord and tenant-Plaintiff withdrawing suit from revenue Court and filing suit in civil Court-Defendant cannot raise plea in civil Court that defendant is tenant of plaintiff' and suit is not competent Evidence Act (1 of 1872), S. 116-Estoppel.

Approbation and Reprobation -Doctrine applicable where parties conceded that suit property was valued at a certain fixed amount. In the Court of appeal below, both the parties proceeded on the footing that the property in dispute was under Rs. 15,000. In these circumstances, it would not be competent now for the defendant to turn round and say that the valuation was above Rs. 15,000. The doctrine of approbate and reprobate applies to this case and hence a valuation which is inconsistent with the valuation given by the defendant in the lower appellate Court is not acceptable.