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Yshak Lonwolf   21 February 2022

memo not an evidence

can a compromise memo not duly sworn before the judge. with no affidavit filed. not deposed. be considered as evidence in a recovery suit. if so please provide citations or case laws


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 3 Replies

G.L.N. Prasad (Retired employee.)     22 February 2022

The compromise memo should have been within the parties duly executed as per laid down law.  Filing such a signed document executed by both the parties in recovery suit through their counsel and after serving it to the opposite party is valid.  Agreement between parties for compromise is different from the affidavit.  In case of doubts discuss with your advocate for due guidance.

Yshak Lonwolf   23 February 2022

But the compromise memo was not sworn before the judge, nor did the judge has recorded the same. according to evidence Act memo is not an evidence but just a report or an application. the defendant only has filed the memo for which he has questioned the validity of thet memo stating it was obtained by fraud and undue influence. can you please suggest me case relating when memo not sworn before judge is not admissible.

P. Venu (Advocate)     20 April 2022

You have not posted the material facts.


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