• 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 1 year ago in Property Law
Religion: Hindu

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26 Answers

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

Netra Mohanchandra Pant
Advocate, Navi Mumbai
1280 Answers
5 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
75659 Answers
4519 Consultations

5.0 on 5.0

No a compromise deed is not binding at all.  

Kallol Majumdar
Advocate, Kolkata
2683 Answers
4 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, BENGALURU
5418 Answers
184 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
24829 Answers
98 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
65638 Answers
853 Consultations

5.0 on 5.0

Better settle the dispute out of court.. 

Mohammed Mujeeb
Advocate, Hyderabad
16353 Answers
10 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
19528 Answers
35 Consultations

4.5 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
4616 Answers
23 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
19228 Answers
24 Consultations

4.5 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
5182 Answers
32 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
5249 Answers
12 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
24829 Answers
98 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
19228 Answers
24 Consultations

4.5 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
75659 Answers
4519 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, BENGALURU
5418 Answers
184 Consultations

5.0 on 5.0

If not produced you can complaint to call and them threaten

Prashant Nayak
Advocate, Mumbai
19528 Answers
35 Consultations

4.5 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
8582 Answers
3 Consultations

5.0 on 5.0

1) it means court will pronounce final judgment after hearing the arguments 

 

2) both parties have to argue their case 

 

3) it is not exparte arguments 

 

4) you should be present in court 

 

5) court will pass preliminary decree of partition 

 

6) then commissioner would be appointed for division of property by metes and bounds

Ajay Sethi
Advocate, Mumbai
75659 Answers
4519 Consultations

5.0 on 5.0

1. Court has closed their right of evidence now the matter is put for the arguments and after that the court shall pass order decree.

2. Yes it advantage for you since he has not produced any evidence.

3. See he can ask court to open the right of evidence citing any reason or can approach the higher court for purpose.

4. He can challenge same. 

5. Yes the court may consider your claim and pass orders. 

Shubham Jhajharia
Advocate, Ahmedabad
24829 Answers
98 Consultations

5.0 on 5.0

1. If the defendant is asking for more and more time for defence evidence then the court may at one stage decide to close the defence evidence suo motu.

2. What do you mean by oral evidence?

The evidence in civil cases are to be given in writing by swearing in the form of an affidavit.

If they bring witnesses and produce any documentary evidence you may object to it since they have not pleaded nor taken permission from court to produce such documents before court at the time of deposing evidence.

3. After the evidence is closed the court may post the matter for final arguments.

T Kalaiselvan
Advocate, Vellore
65638 Answers
853 Consultations

5.0 on 5.0

1. The court has given enough opportunity to the defendant to let in defence evidence which he failed to utilise hence the court closed the defence evidence suo motu.

Now if he wants to let in his evidence then he may have to file a petition to reopen the defence evidence by filing an application with an affidavit that why he could not let in his side evidence, in that the court will hear both the sides and may decide to allow or not based on the merits of the case.

2. It is not exparte, the arguments will continue since he has already filed written statement, hence the court may pass a contested decree only.

3. It is better that you be present in the court while your advocate is presenting his argument on your behalf.

4. It is called as final argument however if he files a petition to reopen his side evidence  and if the court allows his application then the process will again  begin.

5. You have to wait for the  final judgment to be delivered by court and know the result.

 

T Kalaiselvan
Advocate, Vellore
65638 Answers
853 Consultations

5.0 on 5.0

1. As defendant not proceeding plaintiff will proceed. 

2. Yes

3. If he deliberately don't proceed then even if challenged it will not work

4. Yes

5 Yes. 

5. Depends on judges application of mind

 

Prashant Nayak
Advocate, Mumbai
19528 Answers
35 Consultations

4.5 on 5.0

1. Defendant can submit his arguments, even though he has not rebutted your petition or has not filed any evidence /documents.

2. This is can be ex-parte decree only if defendant/lawyer remains absent till close for order by court.

3. You can chose to remain present (recommended) and help in any key points to your lawyer.

4. The Decree is final, BUT defendant still can appeal (just for the sake of it)

5. Court will grant your petition prayer on merits and at his discretion.

Hemant Agarwal
Advocate, Mumbai
4616 Answers
23 Consultations

5.0 on 5.0

His evident is closed and case listed for final argument. Advantage for you. He can challenge within 30 days of ex parte.

Your advocate will represent you.

5. Can court divide the property as per my petition during this time -- Final argument takes 2 3 hearings. 

Yogendra Singh Rajawat
Advocate, Jaipur
19228 Answers
24 Consultations

4.5 on 5.0

1. Yes ex parte is advantage for you 

Yes you should be present in the court on the next date and conclude with your arguments 

The court will then reserve the matter for judgment 

Yes this is final. 

 

Regards 

Anilesh Tewari
Advocate, New Delhi
17643 Answers
290 Consultations

5.0 on 5.0

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