Side changing by the counsel from lower court to the appellate court in favour of the opposite party

somnathsingh (Querist) 30 November 2010 This query is : Resolved
Sir,

A Suit for partition is filed by the sisters against brother demanding the equal share challenging the Will executed by their mother in favour brother only. Prior to that both sisters were given declarations stating that the will is correct and they have no right in the suit property and also taken money under love and affection from their brother. Declarations and the receipts were given by the sisters to brother witnessing their husbands. And thee documents were marked as exhibits.

Advocate “A” is contested for plaintiff (sisters) and Advocate “B” is contested for Defendant in OS (Brother)

Over ruling the above documents the Original Suit was decreed in favour of sisters’ partitioning the suit property in 3 equal shares, keeping the will under suspicious circumstances.

Aggrieved by the partition decree, brother preferred an appeal and it is pending. Now there is good understanding between the sisters and the brother and the sister are willing to confirm the will and the declarations given by them are correct and they have no rights in the suit property.

Is it possible to state in the appellate court by giving affirmation in pleadings what they have denied in the lower court?

Is it possible that Advocate “B” who contested against sisters (Plaintiffs) in OS can file Vakalat in favour of sisters (Respondents) in Appellate court?

What will be the situation of Advocate “B” if the suit is for compromise in between all the parties?
Can the appellate respondent advocate can file these pleadings in the appellate court. Please advice at the earliest.

Regards

Somnath

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