Compromise in specific performance
I am plaintiff in suit of specific performance, the defendant has made agreement to other person to sell that land and taken advance also.That other person is ready to compromise with me by paying amount and giving some land for me ,but defendant told he will not sign on compromise.Is compromise still possible? Since the other person is not the party in said suit.
Asked in Civil Law from Delhi, Delhi
Yes compromise will be valid but should me mentioned all the details in the settlement or compromise regarding the defendant and parties relationship and also mention all the terms and condition as agreed between the parties.
This compromise should be filed before the court with an application for withdrawn the suit.
Advocate, New Delhi
1) you can amend the plaint and make the purchaser party to the suit
2) purchaser Is necessary party to the suit
3) then file consent terms in court
Please be aware that a compromise decree cannot be drawn by entering into compromise with a third party and not a party to the suit.
The agreement between you and the third party shall be a private arrangement between you both which cannot be inter linked to the current sit filed against the vendor.
If the third party is agreeing to compensate you paying the amount and also to allot some land, first get it executed and then withdraw the suit by filing a memo to this effect that the matter has been settled out of court.
Provided the defendant cooperates for this withdrawal and also the out of court settlement.
The suit is between you and the seller who has now made an agreement with another prospective buyer. It can be compromised only between the parties to the dispute i.e seller and buyer. Unless the second prospective buyer is a party to dispute he will not sign the instrument of compromise. You should seek a stay against the creation of third party rights by the seller. Once the second prospective buyer is also a party to the dispute he may agree to sign the compromise.
Is agreement between defendant and third party enough to make the third person party in the suit? Can defendant file counter case of harassment on us after my compromise with third party? How to avoid it.
Asked 1 year ago
1) third party is formal proper and necessary party to the suit
2) once seller has entered into agreement with you for sale of flat and you have filed suit for specific performance to direct seller to honour the terms of agreement seller cannot sell flat or land to third party .
3) you have to amend plaint and make the second purchaser party to suit
4) no counter suit would be maintainable by the seller( defendant) as you would ultimately with draw your suit on receiving full payment
Best option is impleading the third party in the suit as additional defendant and also amend the suit. After that send the case to mediation or adalath .
Hi, Other parties are not a party in the suit so they can't entered into a compromise.
2. If the defendant is ready and willing to settle the matter then you can implead the other parties also and entered into compromise.
This agreement affects your rights as the seller had agreed to sell the property to you. So you can seek a stay on the creation of third party rights in favour of the third party. No case for harassment is made out before or after compromise unless there is harassment in real.
Is agreement between defendant and third party enough to make the third person party in the suit?
If it was a valid agreement and registered by paying appropriate stamp duties, the third party can very well file a petition before court with a request t implead him as a party to the suit as he has entered into an agreement for the same property.
Can defendant file counter case of harassment on us after my compromise with third party? How to avoid it.
Defendant cannot file a counter case, there is no reason or ground for it.
yes it is sufficient. no he can not, it will be better to file an application on behalf of the third party for adding the parties of the suit and after became a party the plaintiff and third party may settled the dispute legally through mediation without any tension.
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Advocate, New Delhi