Partition suit
Ramesh Tikamdas Bajaj
(Querist) 07 September 2012
This query is : Resolved
my younger brother filed partition suit where he is the plaintiff and we 3 brothers are the defendants.
We defendants (3 brothers) filed a joint written statement, which I signed without reading. When I came to know that this statement (which is contrary to my interests and does not reflect the truth at all) exists, I filed for permission to file my separate statement. This was rejected, but appeal against this order was admitted.
At time of hearing of this appeal the judge forced me to withdraw the appeal and order was passed : "with permission to raise issues at appropriate time."
Now the other 2 elder brothers are trying to settle with the plaintiff and are asking him to withdraw the case. the 2 elder brothers have withheld my monies (my life time savings)
If plaintiff withdraws the case, what happens to me. Does the joint written statement goes against me and becomes a decree against me. I know that, in case of this sort, (i.e. partition suit) everyone is the plaintiff and defendant;
I wish to be advised:
1. Do I stand to lose everything in view of Joint written statement;
2. How do I protect my interest and get the truth to be revealed.
3. Will I get a chance to raise issues at appropriate stage,(as per court order) or will there be no appropriate stage once suit is withdrawn.
4. I was 40 years when I signed the joint written statement without reading - will all statements be null and void once suit is withdrawn? or will the joint statement be held against me and I do not get a chance to prove that it is wrong?
Pls advise
Thanks.
Anish Thakur 7018812737
(Expert) 08 September 2012
you ws is binding upon you and excuse that you had read the statement stands no where.yes the ws filed by you is court record now and stands as a staemnt on your behalf.few more facts i need to know before giving you more helpfull advise,feel fre eto contact on advocate_anish@imap.cc
