Compromise decree in money decree, if possible
Divya
(Querist) 11 March 2017
This query is : Resolved
Respected experts
Plaintiff has obtained a decree in summary suit for money.. Some external compromise of plaintiff happened with 3rd party. As per which plaintiff in writing made undertakings that he shall give 3Rd party 50% ownership in summary suit and in decree..
Now the plaintiff and his advocates have backed off. They have told 3Rd party that their name cannot be added in suit and decree. Entire compromise conditions breached by plaintiff and advocate. Many litigations were already Withdrawn against plaintiff by 3rd party on account of compromise..
But third party is now denied 50% ownership in suit and decree.. Court where decree is obtained at Bombay says that court will not touch suit decree.
Can a fresh compromise mou be filed in court where any compromise terms of plaintiff and third party be recorded by court on account of which court passes a compromise decree in money decree. Compromise MOU is that third party to protect their interests in suit and decree can appear as power of attorney holder.. can the court after passing money decree make a compromise decree on the basis of a joint compromise MOU.
Third party has filed a miscellaneous application in summary suit for ownership Un suit and decree.. Can plaintiff with decree holder make a new compromise and if that can be turned into a compromise decree. Above money decree..
Pls guide best course of action
Thankyou
John P Thomas
(Expert) 13 March 2017
Plaintiff can assign the decree in favour of the 3rd party after that he can put the decree in execution only agaist the parties to the decree.An existing decree can't cnvert as a compromise decree again.
Ms.Usha Kapoor
(Expert) 14 March 2017
I endorse the view of John P Thomas.
