Purshish for settlement of suit
Querist :
Anonymous
(Querist) 28 March 2025
This query is : Resolved
Im Plaintiff in civil suit, defendant advocate file purshish for settlement. Settlement Amount mention in that purshish also mentioned that settlement terms n conditions files on next date with cheque of settlement amount. I'm also sign on that purshish.
Now defendant draft settlement terms as his convenience which is not suitable to me also amount as mentioned in purshish I'm not happy for the same.
I want to know whether it is possible to reject purshish amount as well terms n conditions mentioned in settlement letter. And it is possible to run suit as usual at same stage of cross of defendant. Im ready to take Cross of defendant.
Pls guide n help as I'm appear as party in person
T. Kalaiselvan, Advocate
(Expert) 28 March 2025
If you are not agreeing for the settlement due to the terms which are not acceptable to you then yo may better refuse to sign the settlement papers until the conditions what you specify is redrafted and accepted by the opposite party.
There is no force on you to accept the one which is not in your favor.
If the opponent is not willing to modify or amend the settlement conditions as desired, you may ask the matter to be referred to regular court and start the trial
Querist :
Anonymous
(Querist) 29 March 2025
Sir
Now this matter is posted for cross of defendant but we want stay, meantime purshish filed by us but t&c not suitable.
As settlement is not possible then Its possible to approach higher court for stay before next date Or approch higher court after inform to lower court on next date.
If we wait till next date lower court not allow time on next date and ask for cross on same day. It's possible to approach higher court before next date.
Pls guide
T. Kalaiselvan, Advocate
(Expert) 29 March 2025
If you are proposing to cancel the settlement process, the court will not force you to proceed, but you may be forced to do the cross examination the same day.
However you can inform court that due to certain defects the settlement process is getting delayed hence you may request the court to post the case to some other date to enable you to report settlement or to continue with the trial proceedings.
High court will not entertain your request because the matte has neither been disposed by the trial court nor there is any order passed by the trial court against your interests so far.
Querist :
Anonymous
(Querist) 30 March 2025
1. On the same day of filed Purshish, I was filed 151 cpc application to waive cost to me which was charged on earlier date for adjournment for taking cross, court 50% reduce to 1500/- . On this ground it's possible to approach higher court for stay before next date.
2. As per my request Marathi language Affidavit filed by defendant witness is different from English affidavit, is it possible to fake any action before next date. Or taking cross is only option to me.
3. New letter/notice send to appropriate person i. e. MD of company mentioning the facts of low settlement amount n t&c, because amount finalized by witness only.
MD also patry in the suit but not appear since matter post for evidence n given authority to the witness.
Waiting for your guidance is always very helpful to me as I'm appear as party in person.
T. Kalaiselvan, Advocate
(Expert) 30 March 2025
1. No you cannot.
2. You have no proper reason for seeking adjournment.
3. You are not sure of what is going on or what is to be done next hence take advice from local lawyer outside the court to proceed further.
