Signatory to consent terms backtracks.
Balasubramanian
(Querist) 22 June 2014
This query is : Resolved
In a land dispute suit (Regular suit) the defendant had signed consent terms with the petitioner along with the members of his family,the family members were not parties to the suit,in fact it was suggested by the advocate for the Defendant to include other family members as signatories in consent terms before the Judge,so that they don't harass the petitioner filing unnecessary court cases after receiving compensation.The Judge in her order found the consent terms not in order and passed an order saying the consent terms inappropriate,now the defendant even after receiving the compensation as per agreed terms refuses to come to the court again for filing fresh consent terms as the property price has gone up and is blackmailing.The petitioner and defendant were properly identified by their respective lawyers before the Judge,with their Signatures affixed on the Consent terms when it was filed before the Judge.The petitioner has a stamped receipt for the compensation paid to the defendant.
now what is the remedy left for the Petitioner?to get a proper Decree!
ajay sethi
(Expert) 22 June 2014
1) the other family members ought to have been made party to the suit before you obtained their signatures on the consent terms .
2) you have not mentioned why the court found consent terms in appropriate ?
3) were the consent terms taken on record? how can you make payment of compensation even before the consent terms are accepted by court .?
payment should be made at the time when consent terms are taken on record by court and consent decree passed
Rajendra K Goyal
(Expert) 22 June 2014
The order of court need to be referred why it found the consent tern not acceptable. Consult a local lawyer and show him all the papers.
Rajendra K Goyal
(Expert) 22 June 2014
A repeated query:
http://www.lawyersclubindia.com/experts/Signatory-to-consent-decree-backtracks--479381.asp#.U6bXH7FKqRQ
Balasubramanian
(Querist) 23 June 2014
since the other family members were not made parties to the suit the judge found the consent terms not proper.secondly compensation was paid to the defendant as per the consent terms filed before the Judge,not as per the orders!
ROHIT SHARMA
(Expert) 23 June 2014
Dear Mr. Balasubramaniam,
1. You need to go in for revision of such order of the court either before the Chief District Civil Judge court or the H.C. challenging that such order as to disregard the consent letter singed by the defendant and his other family members though such the other family members were not made a party in such suit on the grounds that although it being a procedural technical error but the court could have given an fair opportunity to the Plaintiff and directed him to have such other necessary parties added as defendants and allowed you to amend the plaint. The other family members to could have been permitted be added as defendant parties suo motto by the court also under Order 1 Rule 10 of the Civil Procedure Code, 1908. Your revision petition will survive.
Adv. Rohit Sharma.
(B.Sc. L.L.B. L.L.M.)
(M) : 0-9824047971.
E-Mail : lawgate1349@gmail.com
Balasubramanian
(Querist) 24 June 2014
Dear Shri.Rohit Sharma,
Or if the Petitioner makes an application to the Judge to delete unnecessary parties to the suit and take note of only the main defendant to the suit in consent terms and pass order?,when there is an inherent power vested in the Court to delete unnecessary parties to the suit,under Civil Procedure Code!
Biswanath Roy
(Expert) 24 June 2014
Your Lawyer committed wrong to include the names of family members of the petitioner. APPARENTLY IN THE SUIT PLAINTIFF AND THE DEFENDANT ARE THE PARTIES how their family members could be brought into the consent? This error cannot be ignored in the case of consented decree as per CPC.
ROHIT SHARMA
(Expert) 24 June 2014
Dear Mr. Balasubramanian,
1. Order 1 Rule 10 of the Civil Procedure Code, 1908. provides all such discretion for to add or strike out parties at any stage of the proceedings either upon or without the application of either party on such terms as may appear to the court to be just.
Adv. Rohit Sharma.
(B.Sc. L.L.B. L.L.M.)
(M) : 0-9824047971.
E-Mail : lawgate1349@gmail.com
T. Kalaiselvan, Advocate
(Expert) 25 June 2014
Well advised by experts. I agree that an application under Order 1 Rule 10 could have been filed. As advised by expert Mr. Rohit Sharma, you can go for revision against the order passed by lower court.
