Application of the Doctrine of Approbate and Reprobate to Judgment-Debtors

The equitable and legal doctrine of approbate and reprobate firmly debars a party from taking inconsistent positions at different stages of judicial proceedings to the detriment of the opposite party and the integrity of the judicial process. Where the judgment-debtor, such as the State or an administrative authority, explicitly submits a formal memo or representation before the executing court stating that it has no objection to the delivery of possession based on the commissioner's demarcation and report, it cannot subsequently turn around and contend that an entirely different plot of land was erroneously delivered. Having accepted the sanctity and accuracy of the delivery process and induced the executing court to record full satisfaction without objection, the judgment-debtor is precluded from blowing hot and cold by adopting a contrary stance thereafter. Judicial proceedings do not permit litigants to vacillate, and any subsequent challenge contrary to a prior formal admission or waiver is barred under the doctrine of election and approbate-reprobate. (Ananda Chandra Panda (Dead) Through LRs. Vs The Collector, Keonjhar & Another | 2026 INSC 91)