There's no hard and fast rule for this, incase you show them interest on their proposal for a compromise, they might furnish you a separate written unconditional apology to you; based on which you may not press you civil case against them.

You may continue to press your case against the defendant who isn't ready for a compromise m

1. Mere tendering of apology is not enough for the settlement of the case.

2. To settle the case leading to withdrawal of the case the consent of the plaintiff is required.

3. So if both parties agree then file a petition under order 23 Rule 3 of CPC setting the compromise terms and get a consent decree.

If 4 out of 5 defendants are not willing to challenge the case, they may either remain absent from the court and the case and allow the court to set them exparte, but the unwilling defendant will continue to fight the case.

The affidavit what you have mentioned shall be an out of court compromise between the plaintiff and the the defendants who have come forward with this arrangement and apology.

The unwilling defendant cannot take objection to this apology or affidavit filed by the other defendants, he has to confine to his own defence in the case.

1) The 4 defendants can apologize by the way of affidavit is enough.

2) To raise any objections its totally depends upon the last 5th defendants. What is running in his mind.

The all defendants can sign a combined settlement agreement and can give a apology on there behalf individually or if plaintiff accept a common apology signed by all.

If in affidavit they have already mentioned separate apology though is not required but facts of the case has to be seen what kind of apology it is. If plaintiff accepts the settlement suit against 4 can be closed.

The best way is an settlement agreement can be drawn and the defendants in terms of settlement agreement can tender apology individually.

Further defendant 5 cannot raise any objection if 4 defendants are giving consent.

1. In the affidavit sent by the 4 defendants, they have agreed to settle matter by apologising

2. So that means they are yet to apologize

3. So it's up to the plaintiff if he wants a separate written apology and have that recorded in court order

4. Parties in a suit can settle among themselves. If one of the defendant desires to contest the matter then he can continue with the suit

5. The suit will be decreed only against the 4 defendants who have come forward with a settlement offer in terms of that settlement

6. Kindly let me know whether you are a plaintiff or defendant in that suit

Respected sir ...

In your case this will be the best way to solve dispute in a civil case ..you just need to record there statements in court ...and as per law of parity there are several judgments of court as per that the remaining 5th will itself be hold guilty as the 4 will automatically produce evidence against them ...no need of worry your case has been resolve to some extent just record there statements in court and get certified copy of that ....5th accuse have no right to object the statements of 4 accused or there statement ...it will be better for him to join them else he will be hold guilty....

Thank you

Consent terms can be filed in suit between plaintiff and 4 defendants

2) mention of apology in affidavit is sufficient

3) suit can be withdrawn against 4 defendants

4) suit woukd continue against 5 th defendant

Hi,

The separate statement may be given by defendants at the time of settlement. The last defendant may raise objections and contest the case.

Firstly, if they are willing to settle the matter then they all have to be present in court along with the affidavit on record, and also with their lawyer.

Secondly, yes, till the time all the parties are not there then judge would not let the matter to be settled.

Thirdly, so there is no question of raising objections in the later future.

Good Luck...!

They would have to file separate affidavit before the court. There affidavit of proposed settlement will not work. So far as remaining one defendant is concerned he can chose to contest the suit but has no locus to raise objection for apologies tender by other defendant.

If out of 4 is agree to settlement the the case will be against the remaining defender v/s plaintiff.

He can do nothing for others except himself.

If 4 out of the 5 defendants are agree to settle their issues then the court will struck down their name and abate the suit under section 89 of the code of civil procedure in respect of those four defendants. If dispute between plaintiff and 1 defendant is still in existence and the remaining defendant is essential party then suit will be carry on otherwise the court will dismiss the suit under order one of the code of civil procedure.

Dear Sir,

If they file their affidavits are filed through their advocate then it is o.k. Their identity must be vouched by some body. Yes, the last defendant may raise objection, but it may not be a deciding factor in view of strength of say of four other defendants. You are the winner. The relevant CPC provision is as follows:

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Practice in the Trial of Civil Suits

Part A] Part A GENERAL Court Hours, Holidays and Cause Lists 1. Court hours—All Civil Courts in Punjab and Delhi shall sit at the same hour on every day that is not a holiday for Civil Courts. The ordinary Court hours are from 10 A.M. to 4 P.M. with an interval for luncheon from 1 to 1.30 P.M. Saturdays shall be full working days for Courts and offices attached thereto but the second Saturday of each month may be observed as a close day. The working hours for offices to attached to Civil Courts are from 10 A.M. to 5 P.M. 2. Taking up cases after Court hours—No new case should be taken up after the closing hour of the Court but the hearing of a case taken up before that hour may, if necessary, be cont

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PLEASE VISIT THE FOLLOWING LINK

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http://delhihighcourt.nic.in/writereaddata/upload/CourtRules/CourtRuleFile_7VP2YEZQ.PDF

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Mention of apology on the affidavit is sufficient.

Yes the last defendant may keep on fighting the case alone if he is not ready to settle the matter.

Regards

He cannot raise objections on settlement of the other defendants. If he wants to continue the suit can go on with deleting other defendants as parties being settled.