DOCTRINE OF ESTOPPLE

Estoppel is that rule which prohibits a person from contradicting what was earlier said by him in a court of law. Res judicata is that principle that prohibits the other courts from deciding on the same matter, between the same parties which have already been decided by a competent court.

Kinds of Estoppel:

Estoppel by a matter of record:

It is mainly concerned with the effects of judgment and their admissibility in evidence, this form of estoppels deals with section 11 to 14 of the Code of Civil Procedure and Section 40-44 of the Indian Evidence Act. The basic principle is the judgment debtor must, when it has once been completed, obey the same unless he can set it aside by procedure constituted to do the same.

Estoppel by deed:

When a party has entered into an engagement by a deed claiming a certain fact, neither he nor his representatives can contest these facts later. This principle only applies between parties and privies. No estoppels can arise from the material, which are non-binding and irrelevant to the matter. If a deed is tainted or fraud, no estoppels can arise from it.

Estoppel by conduct

Estoppel in pais arises from an agreement, contract, act or conduct of misrepresentation, negligence and omission which has induced in the change in position in accordance with the acts or conduct of the other party.

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