Compromised petition can be decreed ?
Uday Kumar
(Querist) 11 May 2014
This query is : Resolved
Dear Sirs
A Civil case for recovery was compromised and defendant agreed to pay Rs.100000/per month till next 10 months. accordingly Compromised agreement was signed and placed before court and party even paid 1st installment however there after party is not paying the amount and now 5 installments is due.
Last date Court even questioned such conduct of the Defendant and asked the Plaintiff to bring an application for decreeing the suit on the basis of compromise Agreement so that in execution defendant can be pressurized under a threat of arrest
However I doubt, Can Court straightaway pass a decree on the basis of Compromise Agreement is there any supreme court Judgment on this.. Please suggest
best regards
Advocate Uday
Devajyoti Barman
(Expert) 11 May 2014
Yes, a decree of consent of the defendant under Order 15 of CPC or on compromise made between the parties under Order 23 of CPC ; can be passed.
Rajendra K Goyal
(Expert) 11 May 2014
Agree with the expert Devajyoti barman ji.
dr g balakrishnan
(Expert) 11 May 2014
see, compromise is a mutual agreement between parties legally adjudicated; this situation also happens between JuD and decreed creditor in executions too;
so if there is defaults by other party, here by 4 or 5 defaults, question arise:
1.why the creditor did not issue Notice to the defaulter so long, say here 4 0r 5 defaults?
2. if successfully explained, the creditor can claim on defaulter damages equal to 4 or 5 installments that court might agree as a natural justice principle, as defaulter cannot go scot free!
there is no point on retracting on the compromise position, is my view!
this situation of damages would or might play as some deterrence on defaulters;
Besides, restarting different suits are indeed advantageous to defaulters is my view!
Advocate. Arunagiri
(Expert) 11 May 2014
It seems that the compromise agreement is for payment of the liablity in 10 installments.
It seems that the compromise agreement does not say anything about withdrawal of the case based on the future promise. If it is there the court would have disposed the case on receipt of the compromise agreement.
dr g balakrishnan
(Expert) 11 May 2014
even then the defaulter if failed in 5 installments, then he can be asked to pay damages for his defaults please that is advocacy sir!
Sankaranarayanan
(Expert) 12 May 2014
I too like to ask the same query indicated by Dr Balakrishnan Why the creditor not issue the query earlier and why not send legal notice
T. Kalaiselvan, Advocate
(Expert) 13 May 2014
I agree with the views expressed by expert Mr. Barman on this issue. The observation by court asking the plaintiff to file a petition for passing a decree based on the compromise settlement will be the right solution available for the plaintiff due to the default in payment of installments by the defendant contradicting the compromise agreement.
