Cancel out of court settlement.
My father appealed challenging specific performance of sale deed decree which orders him to register the sale in plaintiffs name.
My father went to out of court settlement agreement and withdrew appeal as demanded by the other party due to influence and pressure created by the other party.
Now he want to cancel the agreement and get back to appeal procedure.
Please, let me know under which cases this request will be accepted the appellant court.
Asked in Property Law from Chennai, Tamil Nadu
Withdrawal of appeal and that too on compromise once done, can not be recalled.
Now only option is to challenge the decree, if any passed on consent can be declared to be null and void being executed under coercion and undue influence.
If the suit is simply withdrawn without leave to sue afresh then it is very difficult to get any relief.
Once the appeal has been withdrawn on the basis of a compromise made in an out of court settlement, the same cannot be restored or reopened in an ordinary manner. There is sanctity attached to a judgment of court which debars the litigating parties to lay a legal challenge to a judgment passed on the basis of their own unqualified undertaking given to court. The only legal remedy now available to your father is to challenge the decree that was passed on the basis of the settlement made between your father and the plaintiff. If the judgment is set aside by the court then the appeal may be heard.
once appeal has been with drawn on account of out of court settlement it cannot be reopened . consent terms arrived at would be binding between the parties . you will have to make out a case that appeal was with drawn on account of coercion then only decree can be set aside .