Withdrawl & compromise

Querist : Anonymous (Querist) 06 December 2011 This query is : Resolved
Compromise agreement signed and open court disrtict munsif read out agreed by plaintiff. After one week, The plaintiff complained to district munsif in writing that respondent forced me to sign(undue influence).
Judgment(compromise decree) still not released.

Can compromise agreement will be canceled or? what procedure?.

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Devajyoti Barman (Expert) 06 December 2011
If the judgement is not iut yet, then the compromise is really joepardised and the court is unlikely to cinsider the compromise anymorer.

Nadeem Qureshi (Expert) 06 December 2011
Mr. Burman is right

ajay sethi (Expert) 06 December 2011
if compromise agreement has been signed in open court difficult to belive that palintiff was forced to sign .

invaribaly query is raised by court whether you have read the terms and whether you have signed it out of your own free will . if at that stage he admits having read the contents and signed it and court has recorded the same then plaintiff cannot walk out of the consent terms signed easily . it is more of an after thought

Raj Kumar Makkad (Expert) 07 December 2011
I completely agree with ajay. Law should not be made as a mode of mockery. Where was plaintiff during these 7 days? Why didn;t he made complaint on the same day when he had signed the compromise deed in open court?

prabhakar singh (Expert) 07 December 2011
Now it would be inquired by the court calling you to file objection and recording evidence of either side to decide the allegations.I do not think that 7 days delay in a matter of"undue influence"can alone lead to infer by the court it to be afterthought when law provides 30 days limitation for such matters from the date of knowledge.

But it is true that its'a bit tough to prove.
There must be strong circumstance to prove the ground pleaded.

Sailesh Kumar Shah (Expert) 07 December 2011
Can compromise agreement will be canceled

Answer: Chances of cancellation of compromise of agreement is very low, since it was signed before open court.

Now, you have to prove 'Undue influence' for cancellation.

Querist : Anonymous (Querist) 11 December 2011
What is the code to submit petition to restore original suit at District Munsif? How many days it will take to restore suit?

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