• Partition suit

I filed case in 2016 for parition on of property , gifted by father to me and my brother.
Recently, district court has apponted advocate commissioner for the purpose of cross examination of plaintiff, me. 
Defendant lawyer has approached my lawyer of compromise and the will provide us the compromise plan in a months time. My lawyer has advised that we will try this and if their proposal is not good, we can still proceed with the original case.
My apprehension is the defendant is only playing to delay the case.
My question is
- in case , if the proposal from defendant is not acceptable, what should I do to speed the process
- since we informed advocate commissioner that we will try for compromise , is it binding for us to settle out of court only, even if we are not happy with the compromise formula.
Asked 6 months ago in Property Law from Bangalore, Karnataka
Religion: Hindu

At this stage, it's not binding upon you to arrive at a compromise

Netra Mohanchandra Pant
Advocate, Navi Mumbai
1163 Answers
3 Consultations

4.4 on 5.0

1) it is not binding upon you to settle out of court 

 

2) out of court settlement is best option 

Ajay Sethi
Advocate, Mumbai
68148 Answers
4114 Consultations

5.0 on 5.0

No a compromise deed is not binding at all.  

Kallol Majumdar
Advocate, Kolkata
1623 Answers
2 Consultations

5.0 on 5.0

Dear Sir 

It is sheer waste of time. Better to proceed with case. No compromise will arrive. You have guessed the correct thing that it is delaying tactics.

Kishan Dutt Kalaskar
Advocate, Bangalore
4598 Answers
126 Consultations

5.0 on 5.0

You can please before court to proceed to further stage and can continue with the suit.

No you can deny and move ahead with the suit.

 

Shubham Jhajharia
Advocate, Ahmedabad
20236 Answers
80 Consultations

5.0 on 5.0

1., The process what you are following it now should be continued if the talks for compromise fails.

2. It is not necessary. You may revert to court if the compromise do not reach any solution.

T Kalaiselvan
Advocate, Vellore
57900 Answers
730 Consultations

5.0 on 5.0

Better settle the dispute out of court.. 

Mohammed Mujeeb
Advocate, Hyderabad
11053 Answers
4 Consultations

4.5 on 5.0

Once it's not acceptable by you then you can proceed towards the original case

Prashant Nayak
Advocate, Mumbai
13803 Answers
23 Consultations

4.6 on 5.0

1.  TILL the "settlement terms" are finalized and filed in court, with mutual consent, it is legally not binding on any of the parties to be bound by any such compromise formula /terms.

2. IF you have strong documentary evidences, THEN avoid any such settlement terms, IF it is not in your interests.

Hemant Agarwal
Advocate, Mumbai
2609 Answers
16 Consultations

5.0 on 5.0

You can continue with the trial and let the court commissioner proceed as per court order, if proposal good than suit will withdraw otherwise will proceed at it`s normal course.

Not binding and even out of court settlement should be recorded in withdrawal order.

Yogendra Singh Rajawat
Advocate, Jaipur
14010 Answers
18 Consultations

4.6 on 5.0

1. one month's time is too long for giving a proposal for compromise

2. why such a long time?

3. you can tell the defendant that you are ready for a settlement but the proposal be given to you within a week's time else the matter will be proceeded

4. whether you settle out of court or by filing consent terms, the process has to be quick, otherwise it looks as if the defendant wants to buy time

5. the trial in your case has already begun, as you have entered the witness box and are due for cross examination. So if defendant really wishes to settle then he must give the proposal soon and not ask you to wait for 1 month

Yusuf Rampurawala
Advocate, Mumbai
4586 Answers
28 Consultations

5.0 on 5.0

  1. There is no boundation on you to settle the matter out of court, and even if you don’t accept the proposal then also it would not affect the proceedings by the advocate/ local commissioner.
  2. And there has been a recent compliance of the provision of law to appoint the commissioner for speedy disposal of the cases.
  3. Whatever be your decision, need not to tell the court about the same with respect to the settlement, only say yes when you actually made up your mind with the settlement conditions.

Sanjay Baniwal
Advocate, South Delhi
4923 Answers
11 Consultations

5.0 on 5.0

1. See the court may close there right to produce the evidence.

2. See in case there is oral evidence you can cross examine them to dispute there case.

3.See you can cross examine the witness and can after that submit you evidence before court.

Shubham Jhajharia
Advocate, Ahmedabad
20236 Answers
80 Consultations

5.0 on 5.0

Not much adjournments granted by court, but your advocate have to oppose than only. IF document is forged file application u/s 340CrpC.

Final argument.

Yogendra Singh Rajawat
Advocate, Jaipur
14010 Answers
18 Consultations

4.6 on 5.0

1) court would impose costs for adjournments 

 

2) not more than 3 adjournments would be granted 

 

3) defendant can lead oral evidence 

 

4) you can cross examine witnesses 

Ajay Sethi
Advocate, Mumbai
68148 Answers
4114 Consultations

5.0 on 5.0

Dear sir 

My answer to your questions are as below :

1. What happens if the defendant keep asking for time to produce evidence ?
A: The trial court may give 2 adjournments and then take the evidence of defendants as nil
and proceed for final arguments.

2. Is oral evidence applicable in partition case. I have not entered into any agreement so I assume
they don’t produce documentary evidence. They may bring some eye witnesses. In case, if they produce
any document, I am sure it must be forged.
A: INDIAN COURTS MAINLY DEPEND UPON Oral evidence but during the coarse of cross examination
your advocate must bring the truth by intensively cross examining the witness.

3. After they submit evidence, if any- what are next steps for me.
A: If oral evidence of both parties is over, then ask your advocate to prepare written arguments and also advance oral arguments
after producing written arguments.

Kishan Dutt Kalaskar
Advocate, Bangalore
4598 Answers
126 Consultations

5.0 on 5.0

If not produced you can complaint to call and them threaten

Prashant Nayak
Advocate, Mumbai
13803 Answers
23 Consultations

4.6 on 5.0

Court can struck off the defence after giving four to five opportunities to defendants 

They need documentary evidence which supports their oral evidence.

After their evidences court will fix the date for arguments.

Mohit Kapoor
Advocate, Rohtak
4258 Answers
1 Consultation

5.0 on 5.0

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