Mediation refusal for 151 cpc
NEHA
(Querist) 15 April 2017
This query is : Resolved
Dear Sir,
During pendency of civil suit u/s 151 Cpc, the case was referred to Mediation. The Plaintiff was unaware of the fact. The Mediator in collusion with plaintiff lawyer and defendant lawyer submitted his report for successful resolution of dispute.
Real fact was plaintiff was unaware and some documents were got signed by his lawyer in good faith. Later on, both parties submitted resolution prayer. The Plaintiff is not agreeing on mediation.
My query is:
1) What can be done to note press the prayer submitted by plaintiff himself which he failed to understand in terms of twisted legal language.
2) Stop the passing of order by Court on the basis of resolution submitted unknowingly.
3) Further Plaintiff wished to raise objections on resolution submitted by Defendant?
Please guide on above issue. The matter is most urgent.
R.K Nanda
(Expert) 15 April 2017
consult local lawyer with case file.
Rajendra K Goyal
(Expert) 15 April 2017
Full case file need to be referred, discuss with your lawyer.
BAALASUBRAMANNYAMM
(Expert) 15 April 2017
We could not able to understand your short cut information. If you want to know the solution from the experts, you need to furnish full details.
Dr J C Vashista
(Expert) 17 April 2017
@ Neha,
1. Section 151 CPC grant inherent powers of the Court and no case can be instituted/ proceeded u/s 151 CPC, recheck.
2. Mediation proceeding are not (NOT) recorded and binding on either of the parties to the suit even if the mediator has obtained signature, just back it out before the Court.
3. What is your locus standie and how are you concerned to the query?
4. Incomplete and vague information can not lead to form an opinion and advise, therefore, as rightly observed by experts, case file is required to be referred.
5. Discuss with a local prudent lawyer for proper analyses of the facts, documents and case and guide/proceed as required.
