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Krish Narayan (Advocate)     08 April 2012

Can the admissions give fresh rights?

In a compromise in matrimonial matter, certain admissions were made by the defendant/husband which he totally denied in his counter. Matter settled before court by way of MOC and decree passed.

 

Now the plaintiff/wife alleges that the admissions made by the defendant has given fresh rights and the plaintiff's right validated in accordance with law. Can she say so?

 

I suggested two points (1) plaintiff is estopped to allege as such. (2) If the plaintiff contravenes the compromise, then she himself makes the admissions of the defendant is invalid in law. (3) The plainitiff cannot misrepresent the decree.

 

Is this correct?



Learning

 2 Replies

Dipankar Ghosh (N/A)     09 April 2012

if this is a concent decree then yes you are right ..... after such settlement question of fresh rights do not occur....

1 Like

Krish Narayan (Advocate)     09 April 2012

Thanks...


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