Law: Evidence Act, (1 of 1872)

Section: 115,91

Law: Stamp Act, of 1899

Section: 24

(a) Evidence Act (1 of 1872),S. 115-No estoppel except under S. 115-Recital in deed does not operate as estoppel between Party to deed and third party.A recital in a deed cannot operate as estoppel between a party to the deed and a third party.There is no room for ay application of the doctrine of estoppel outside the provisions of section 115 of the Indian Evidence Act in this country.The doctrine of estoppel rests upon the principle that the person invoking it has relied upon a declaration, act, or omission, of another person, and has thereby been induced to change his position to his detriment.Where two writings executed between L & F purported to be sale-deeds, and, L brought a declaratory suit against F on the basis of those deeds; in a pre-emption suit by A against L based on the recitals in the deeds and L's statements in the declaratory suit,Held that the doctrine of estoppel could not be invoked by A against L with a view to proving the deeds to be sale-deeds and the transactions embodied in the deeds ho be subject to pre�-emption by A, inasmuch as the recitals in the deeds and the statements made by L in the declaratory suit were not addressed to A and were not intended to come to his knowledge so as to cause him to change his position to his detriment.61 P. R. 1895 relied on 5 C 669, 20 C. 296, (P. C.), 35 C. 904, A. I. R. 1933 Pat. 708 (2), A. I. R. 1944 Pat. 30, A. I. R. 1937 P. C. 256 referred to 6 P. R. 1914, A. I. R. 1946 All. 436, A. I. R. 1942 All. 122, A. I. R. 1938 Mad. 1004 and 39 Cal. L. J. 40 distinguished.(b) Evidence Act (1 of 1872),S. 115-Kinds of Estoppel�--Estoppel by record-Estoppel in pais---Estoppel by deed-Explained.There is a class of estoppel which seems to be intermediate between estoppel by record and estoppel in Pais. The rule is that a party cannot, after taking an advantage under an order (e.g., payment of costs), be heard to show that it is invalid and ask for setting it aside, or to set up to the prejudice of persons who have relied upon it a case inconsistent with that upon which it was founded. That rule covers cases inter partes only. Such a party will not also be allowed to go behind an order made in…