• Can a defendant file compromise petition

In a property civil suite, petitioner has filed a written statement stating that they are going for Evidence. Court has given date for January 22, 2020, for next hearing for defendants to file their written statement.

Meanwhile, now a compromise has been reached between two parties and both parties want settlement.

1) Can petitioner file compromise petition now before the date of next court hearing on January 22, 2020 ?

2) Instead of counterargument against petitioner's written statement, can defendants file compromise petition at next hearing on Jan 22 ? 

3) If yes, can you give me a simple format for settlement petition to be filed by defendants ?
Asked 4 years ago in Property Law
Religion: Hindu

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14 Answers

1. Yes. 

2. Yes it can be filed anytime before orders. 

3. We are not allowed to share drafts here. You can contact for the same with your details through kaanoon

Prashant Nayak
Advocate, Mumbai
32301 Answers
193 Consultations

4.1 on 5.0

1) you can mention the suit before the judge and request for short date to file consent terms 

in view of settlement arrived at between parties 

 

2) consent terms should be signed by both parties and their advocates 

 

3) there is no format . It depends upon facts of each case 

 

Ajay Sethi
Advocate, Mumbai
96270 Answers
7753 Consultations

5.0 on 5.0

1. A proper registered "Settlement Deed" (jointly executed by both parties), with strategic clauses, mentioning all details of settlement, payment terms & conditions and clause to mutually withdraw court proceedings, needs to be filed in Court, via a common application by both the parties, requesting Judge to take the same on record and close the case for appropriate orders.

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

5.0 on 5.0

1. See compromise can be filed before 22/01 an application before the court can be filed to take up the matter and then comprise can be submitted before the court.

2. Yes both the parties can present and can file.compromise in next date also since it's civil matter and no urgency as such.

3. See you can ask your lawyer to.draft simple compromise agreement wherein mentioning all terms and condition there is no template of same.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

1. Yes, petitioner can move a compromise deed any time before the Court ,even before the next date of hearing.

- But , you will have move an application for early hearing /preponment of date as well.

2. If the matter already settled between the parties, then either of the party can move the application for compromise before the Court. But better to move the said compromise petition in the presence of both the  parties, otherwise court will issue summon to other party , and which will take time. 

3. Take help from your lawyer for drafting the same, who knows your matter in details.

Mohammed Shahzad
Advocate, Delhi
14167 Answers
214 Consultations

5.0 on 5.0

Dear Sir,

Yes, you can compromise by advancing the case and both the parties must chart out the mutual terms compromise petition. Background of your case and your terms are required to prepare a draft petition.

Kishan Dutt Kalaskar
Advocate, Bangalore
6174 Answers
489 Consultations

4.8 on 5.0

Yes, settlement agreement will submit in court and court will pass settlement order.

Settlement will file mutually.

Not settlement petition but application u/s 151 along with copy of SA.

Yogendra Singh Rajawat
Advocate, Jaipur
22924 Answers
31 Consultations

4.4 on 5.0

Dear Sir,

Yes, both parties may file a petition that the matter will be settle out of court.

An agreement between two or more persons, who, to avoid a lawsuit, amicably settle their differences, on such terms as they can agree upon.

It will be proper to consider; 1. by whom the compromise must be made; 2. its form; 3. the subject of the compromise; 4. its effects.

It must be made by a person having a right and capacity to enter into the contract and carry out his part of it, or by one having lawful authority from such person.

The compromise may be by parol or in writing, and the writing may be under seal or not: though as a general rule a partner cannot bind his copartner by deed, unless expressly authorized, yet it would seem that a compromise with the principal is an act which a partner may do in behalf of his copartners and that, though under seal, it would conclude the firm.

The compromise may relate to a civil claim, either as a matter of contract or for a tort, but it must be of something uncertain; for if the debt be certain and undisputed, a payment of a part will not, of itself, discharge the whole. A claim connected with a criminal charge cannot be compromised.

The compromise puts an end to the suit, if it be proceeding, and bars any suit which may afterwards be instituted. It has the effect of res judicata.

In the civil law, a compromise is an agreement between two or more persons who, wishing to settle their disputes, refer the matter in controversy to arbitrators, who are so called because those who choose them give them full powers to arbitrate and decide what shall appear just and reasonable, to put an end to the differences of which they are made the judges.

Netravathi Kalaskar
Advocate, Bengaluru
4952 Answers
27 Consultations

4.8 on 5.0

Settlement can be done by all or some of the parties at any stage 

There is no fixed format for settlement 

It depends what the settling parties mutually agree among themselves 

Yusuf Rampurawala
Advocate, Mumbai
7628 Answers
79 Consultations

5.0 on 5.0

1. There is no petitioner in a civil suit. The parties are known as plaintiff and defendant.

2. If compromise has been reached then plaintiff can withdraw his suit qua those defendant(s) after filing the compromise terms in the court.

3. We cannot give a sample format. Your lawyer has to draft it.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

1. Settlement between the parties can happen at any moment, however you can inform the court on the next date of hearing about this settlement arrangement or you may have to file a petition for hearing advance to facilitate this settlement arrangement and disposal of the case.

2. Yes, if the court is convinced then it may be allowed.

3. Your advocate can prepare the memorandum for settlement based on the facts of the case.

T Kalaiselvan
Advocate, Vellore
86471 Answers
2300 Consultations

5.0 on 5.0

Compromise of suit: Where it is proved to the satisfaction of the court that a suit has been adjusted wholly or in part by any lawful agreement or compromise, in writing and signed by the parties or where the defendant satisfies the plaintiff in respect of the whole or any part of the subject-matter of the suit, the Court shall order such agreement, compromise or satisfaction to be recorded and shall pass a decree in accordance therewith so far as it relates to the parties to the suit, whether or not "the subject-matter of the agreement, compromise or satisfaction is the same as the subject matter of the suit.

Mohammed Mujeeb
Advocate, Hyderabad
19306 Answers
32 Consultations

4.7 on 5.0

1. No need to file separate petition for compromise.

2. Instead execute a compromise deed and submit the deed in court on next date of hearing. 

3. If compromise is done the plaintiff can withdraw the case on next date. 

Mohit Kapoor
Advocate, Rohtak
10687 Answers
7 Consultations

5.0 on 5.0

Hi,

The compromise can be arrived at any stage and the said application can be filed in the court.   

Ganesh Singh
Advocate, New Delhi
6757 Answers
16 Consultations

4.5 on 5.0

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