Querist :
Anonymous
(Querist) 13 February 2018
This query is : Open
We had obtained a consent decree from the court in a financial case however in the consent terms filed there is a clause which is ambiguous. The other party wants to break out of the agreement of the consent decree however the judge has clearly highlighted the important clause and terms of the agreement which are non ambiguous in the decree order. Can he take use of the ambiguous clause and avoid the consent decree order, 1 year after the decree order was passed.
Advocate Bhartesh goyal
(Expert) 14 February 2018
No, other party can not take any advantage of ambiguos clause. He should have to file appeal which he did not prefer. so now other party is bound by decree.
Kuummaar AS
(Expert) 14 February 2018
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