After mediation agreement
rajagopalan
(Querist) 12 February 2011
This query is : Resolved
After mediation compromise agreement signed by the client . one clint is not present but his advocate singed for the clint. The signed or not present clint can appeal to this case higher court the appeal is taken by the court.The said mediation agreement is influnce the final decree in sub court. Please give expert information frm leading advocate and others.
Thanking with regrds
Sudharsan.m
(Expert) 12 February 2011
The party must be present during the mediation or settling the disputes. The advocate cannot sign on behalf of the party but on his own capacity. Hence, the affected party can go to appeal.
M V Gupta
(Expert) 14 February 2011
If the Advocate had acted without instructions from his client his signing of the compromise terms can be challenged by the client and he can appeal against the decree passed by the court on the basis of the compromise agreement. But there is heavy burden on the client to prove that his advocate had acted without instructions.
