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Gopal kris   08 August 2021

Compromise the case without plaintiff sign

Hello All, 

X borrowed money and gave pronote to me, P1 and P2.  We three filed seperate pronote cases.  After receiving 3 Legal notice and after filing cases, X settled his only property to his daugher.  P1 and P2 got decree before me, because my court is in different town and a very busy court.

P1 and P2  appointed Lawyer and filed case to cancel the settlement made by X to his daughter, saying these settlements  were made to escape from Loan.

Little later,  I got decree for my pronote case, and requested above Lawyer to include me in case, for which he said your degree is from different district, so I cannot  include you.  I have several issues and delays in transferring my decree.  My lawyer said to file Exection Petition in a different district, transfer of decree is must.  But for above said case,  court decree from different district is allowed.

Please clarify above

Till today I could not obtain Transfer decree.  Above Case has been pending for 1.5 years now, due to corona lock downs. Three months ago P2 died due to corona.  Few days ago, P1 informed me that X is going to pay money shortly and X is desperate to withdraw the case with the help of P1's lawyer, so include your name quickly.  I quickly appointed new lawyer, who purposefully did not put include petition in drop box on Aug 5.  I insisted him several times to file my petition next day morning itself and get court seal.  Next day i.e. 06-Aug-21  new lawyer did not attend my phone call or reply my whatsapp message.  then at 5pm -- new Lawyer whatsapp me that he put the petition in drop box, and P1's lawyer filed compromise petition.   looks like he has waited till they file compromise petition.  Till now, new Lawyer is not picking my call.

Below info I obtained from Ecourt website

Nature of Disposal    :    SETTLED OUT OF COURT
Disposal Date    :    06-08-2021
IA.2/2021 - Heard. Perused records. 
In view of the endorsement made by the respondents counsel as no objection in allowing this petition. Petition is allowed. No costs. 
OS - On petition hearing advanced from 24.09.2021 and taken up today. 
SOC Memo filed and recorded. 
Hence this suit is dismissed as SOC 

without the sign of Late P2, is it possible to compromise the case?
P2 not signed in any petition including advance hearing petition

Late P2 has 3 Legal Heirs = wife, son and daughter
P2's son name was not included into this case saying father has died.
Son of P2 told me that  he signed only in 20rs stamp paper accepting the compromise, but did not sign in any court green paper. He also said P1's Lawyer and X were together and in hurry.

Their compromise petition and my include petition are filed on same day Aug 6
P2 not signed in any petition.  Now, is there any chance to include my name?
Please help.  



Learning

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