Hindu law
Adv B.B.Gambhir #9814820602
(Querist) 21 December 2012
This query is : Resolved
i am on behalf of plaintiff. plaintiff has filed two civil suits i.e. suit for maintainance under section 19 of Hindu a and m act and another civil suit i.e. suit for declaration. in both the civil suits, parties have compromised the matter with a condition that the plaintiff shall withdraw both the suits on the basis of COMPROMISE DEED REDUCED INTO WRITING and then the defendant shall pay Rs. 58 lac to the plaintiff in August 2013 AS per the terms of the compromise. now my question is whether we should withdraw the suits if yes on what pretext.
Raj Kumar Makkad
(Expert) 21 December 2012
The defendants should make a statement admitting the claim of the plaintiff as per written compromise deed to be put of court file as an exhibited document and plaintiff should withdraw his suit on the basis of the statement of the defendant and compromise deed. Thus the written compromise shall become the part of court decree executable at later stage even if the defendant violates it.