A client promises to pay his pleader Rs.2000/- and also to convey a portion of the property in suit in case of success. Is the promise enforceable? Give reasons.
Gopal Krishna Behera (Advocate Orissa High Court Cuttack.) 02 June 2009
A client promises to pay his pleader Rs.2000/- and also to convey a portion of the property in suit in case of success. Is the promise enforceable? Give reasons.
Gopal Krishna Behera (Advocate Orissa High Court Cuttack.) 02 June 2009
The agreement that the pleader should be given a part of the property in suit is contrary to public policy and unlawful and as a part of the single consideration is unlawful the whole agreement is void.
Prakash Yedhula (Lawyer) 02 June 2009
In India this sort of champertous agreement is not enforceable by a lawyer. However, if the litigation expenses is funded by a third party no way connected to the litigation, he can enforce the agreement.
Prakash Yedhula (Lawyer) 02 June 2009
Find attached a Kerala High Court judgment that deals with the subject elaborately.
Swami Sadashiva Brahmendra Sar (Nil) 02 June 2009
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