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Chandrashekhar V (GS)     02 August 2014

Legal validity of compromise entered in front of ACP?

Sir/madam,

An OS is pending before City civil court and the plaintiff is praying for injunction order against the apartment association restraining them not to stop water supply. Issues are yet to get framed. IAs are pending. During the pendency, water connection was severed, electricity connection was tampered. 

Association, builder, landowner unitedly instigating other residents attacked the plaintiff violently, humiliated. Finally, plaintiff is made to sign the compromise petition before asst commissioner of police with clauses of withdrawing the suit, withdrawing pending applications in front of registrar of cocoa societies. And this compromise petition was signed between the plaintiff and dependent number 1. Builder is the dependent number 2 in the OS. The news about attack, humiliation was published in major daily newspapers. Local television channels telecaster news about attack.

Plaintiff never submitted the copy of the compromise to the court, or any memo saying to withdraw the pending OS. Fruited association, that is defendant number 1 submitted the copy of compromise to the court along with the memo which urges the court to close the matter as settled outside the court.  Defendant number two eIther  submitted any memo or signed the compromise.

what is the course of action left to the plaintiff.

1 is he in his rights to submit "objections for the memo, questioning the legal validity of the compromise" or is he bound to accept and file a withdrawal memo and close the case? What are his legal rights? 

Any advice will help the plaintiff. And thanks to all in advance.

-CS



Learning

 1 Replies

Arvind Singh Chauhan (advocate)     02 August 2014

Out of court compromise has no value. It depends on plaintiff to withdraw suit or to deny the compromise if filed by any of the defendant.


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