Case settelment out of court without lawyers involvement ...

Aditya (Querist) 06 April 2016 This query is : Resolved
one of my friend has filed a case against me in konkan division (Bandra )for eviction from the suit premises . Since I was not staying in that suit premise for last 2 years i was not aware of the case . The court declared me exparte , and order for eviction was passed.

We were evicted from my premise . So I had gone for revision petition before the Hon'ble Addl. Commissioner, Konkan Divn.

Now the situation is both of us have compromised and want to settle the case.

Now my question is
1. Should I go for case withdrawal or case settlement? What is the difference ?

2. Can a person withdraw the case just by a oral statement in front of court ?

3. Do i need a advocate for the same or just my oral declaration in front of judge is sufficient ?

4. In short can the case be settled between the two parties without lawyers involve ?

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Devajyoti Barman (Expert) 06 April 2016
1. Go for case settlement as the same records the terms of compromise and easier to implement if a party to it later later breaches the terms.
2. No case can be withdrawn by making oral statments.
3. You need an advocate if you had one till now.
4. Do not avoid lawyer at your convenience only because there is prospect of compromise. The same would be professionalism and unethical.

Rajendra K Goyal (Expert) 06 April 2016
It is advised that get all the terms of agreement settled clearly, jotted down, signed by all parties with witness and after that proceed to withdraw the case. Taking help of local lawyer would be better.

Guest (Expert) 06 April 2016
@ Aditya

I lack some basic understanding so want clarification

1) Maharashtra Rent control act 1999 , Mumvbai matter goes in small cause court in bandra (From where Divisional Commissioner came in picture , may be I lack knowledge or some confusion please reply back )

2) Remaining views I support of Adv. Barman

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