The Supreme Court, comprising Justice Pamidighantam Sri Narasimha and Justice Atul S. Chandurkar, has recalled its earlier order dated 13 December 2024 in a property dispute between Bipin Bihari Sinha and Harish Jaiswal, after serious allegations of fraud and unauthorized legal representation came to light. The earlier order had allowed a Special Leave Petition (SLP) and set aside concurrent judgments of the Trial Court, First Appellate Court, and Patna High Court based on a purported settlement agreement dated 24 October 2024.
The dispute arose from an alleged 1986 agreement to sell land for ₹63,000, which the petitioner claimed to have fully paid by 1989. Lower courts rejected his suit for specific performance, citing forged signatures, fabricated receipts, and inconsistencies in the evidence. The High Court upheld these findings, dismissing the appeal.
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In his recall application, Harish Jaiswal stated that he never entered into any settlement or engaged any counsel in the Supreme Court proceedings. He alleged that a forged agreement and fraudulent caveat were filed without his knowledge, as part of a conspiracy to secure a favourable order. The Court noted that advocates were shown as appearing for Jaiswal without his authorization, and some denied involvement.
Quoting the Court's direction:
"It is necessary to make a detailed inquiry into how and at whose instance it was made to appear as if the respondent’s counsels were engaged for consenting to the so-called settlement agreement."
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The Supreme Court has ordered a preliminary inquiry by the Secretary-General, with possible FIR and further investigation based on findings. The order of 13 December 2024 has been recalled, the SLP restored, and the Bar Council of India has been asked to conduct a detailed inquiry into the advocates' role, to be reported by October 2025.
Case Title:- Bipin Bihari Sinha @ Bipin Prasad Singh vs. Harish Jaiswal
