Settlement in civil case
raju
(Querist) 28 March 2025
This query is : Resolved
The petitioner and respondent entered in settlement compromised outside the court in pending civil case ongoing as petitioner was under pressure from as respondent very influence and approachable within local limits as well with police. Query is requested from experts that can respondent advocate in court dictate or compel the petitioner to give statement as per his whims and choice. Please advice in the interest of justice and law.
T. Kalaiselvan, Advocate
(Expert) 28 March 2025
No party can be forced to sign any papers before court against the willingness of the party including his own advocate, the petitioner can very well protest and refuse to accept the terms if it is not in his benefit
Advocate Bhartesh goyal
(Expert) 29 March 2025
No, opposite parties counsel or even your own counsel can't compel you to give statement or sign any paper against your wish. You can refuse or oppose such act.
raju
(Querist) 29 March 2025
THANKS ALOT TO EXPERTS. ON THE COURT DATE IT WAS REQUESTED THAT WHEN SETTLEMENT IS SIGNED OUTSIDE THE COURT AND WILLING TO WITHDRAW THE CASE THEN WHY THE OPPOSITE ADVOCATE INSISTING THAT PETITIONER SHOULD GIVE STATEMENT WHATEVER HE WANTS WHEREAS THE PETITIONER WILLING TO GIVE SIMPLE STATEMENT THAT COMPROMISE SETTLED AND CASE MAY BE WITHDRAWN BUT OPPOSITE ADVOCATE WANTS THAT IN COURT WHILE GIVING STATEMENT SHOULD BE WRITTEN THAT HE WILL NOT FILING ANY CASE OR COMPLAINTS ETC ETC WHEREAS THE CASE PRESENTLY IS OF CIVIL IN NATURE.
T. Kalaiselvan, Advocate
(Expert) 29 March 2025
You refuse to give any such statement demanded by the opposite advocate especially when the matter has been amicably settled between both the parties to the suit.
You can inform court about your decision and if the court insists you to file a memo then you can file one with the assistance of your advocate and get the case disposed peacefully instead of agitating over petty issues.
P. Venu
(Expert) 13 April 2025
In the given circumstances, you can opt for settlement through mediation or though Legal Service Authority.
