Withdrawl & compromise
Querist :
Anonymous
(Querist) 21 December 2011
This query is : Resolved
We filed petition order no. 9 rule no. 9 section 151 to District Munsif Court compromise agreement done by fraud, coercion, undue influence. Still, compromise decree not passed by district munsif. but munsif returned our petition asked us to correct petition. What section to file petition to restore suit.
Querist :
Anonymous
(Querist) 21 December 2011
My father is extremely innocent, aged 66 years, we appointed legal aid advocate because of, I wrote letter to chief justice case pending since 2003 at munsif court. advocate withdrawn vakalat on 01 Jan. 2011. from 02 Jan. 2011 legal aid only attend for my fahter case. respondent threatened,forced my father to withdraw case and forced to sign compromise paper. compromise readout by district munsif, my father agreed all terms in front of Munsif. After one week we filed petition to restore suit. what remedy. 100% my father is extremely innocent and seek person under medical supervision by Dibabetic Specialist doctor since 2003. pls. guide me and how to get jusitce.
Querist :
Anonymous
(Querist) 21 December 2011
We cannot complaint to police due to I already made complaint against district superintendent of police related to my civil case i registered FIR ipC 465 police did MF. and filed CRl. R.C. at high court judgment is "still civil suit pending open to the petitioner after proved at civil court then proceed criminal action"
Querist :
Anonymous
(Querist) 21 December 2011
Pls. Check Madras High Court CRL. R.C. 1272/2006 judgment then comment pls. we are very poor family. my fahter is working silk house salesman drawing salary 4,000/= rupees per month.
Devajyoti Barman
(Expert) 21 December 2011
What is this going on/ I have no idea as to which one is the query and which one is the reply or the whole is a joke wasting time.
Advocate M.Bhadra
(Expert) 21 December 2011
Your query is not clear,this is misuse of forum like this important legal portal.
Raj Kumar Makkad
(Expert) 21 December 2011
You are advised to put your query serial wise as per events and dates and lastly you should seek help on a particular point.
Anyway, what I have understood from your query put in installments that your father was forced to make a compromise under threat, coercion, misrepresentation etc. and accordingly case was disposed off. Then your father filed an application under order 9 Rule 9 read with section 151 of CPC seeking restoration of suit. Munsif is not satisfied with your application so you require help on this point.
I also do not agree with your application as it is not maintainable in the given facts. You should have filed a separate suit seeking setting aside the earlier suit as the compromise was based upon fraud etc.
As the earlier suit had been duly disposed off on the basis of compromise so it cannot be restored.
You can move an application with the court seeking withdrawal of your application with permission to file a separate suit so that limitation may be condoned. No relief can be granted to you in the pending application. High Court is right in its approach.
Devajyoti Barman
(Expert) 21 December 2011
One thing is beyond my comprehension and that is if a person enter into a compromise albeit under force how could the same person pray for restoration of suit.
Querist :
Anonymous
(Querist) 22 December 2011
Thank u very much Mr. Barman, Mr. Raj Kumar,
My question is District munsif returned my fahter's petition order 9, rule 9, section 151 mentioned that " returned petition still holds good" and given time limit one month to file affidavit again. why munsif returned my father's petition and given one month time to resubmit? section is correct or? because of legal aid we do not receive clear information!!! legal aid asked me to appoint senior advocat!! advise pls. Thank you in advance for valuable suggestion.
Querist :
Anonymous
(Querist) 22 December 2011
#2, compromise decree still not passed by district munsif. We are very poor is it possible to submit again to district munsif to restore petition?. I already sent letter six months before to respected CJ my father is extremely innocent and munsif as well known this point. Is it possible to restore original suit the same position before? or compromise agreement will be valid albeit illegal agreement against all terms to my fahter. advise please.
Querist :
Anonymous
(Querist) 22 December 2011
# 3, compromise signed and readout court on 22 November 2011, my father submit restore petiton on 30 November 2011 munsif returned asked us to submit affidavit with section. we again submit 07 December affidavit with section. again munsif returned petition stating that ' Previous order of returned still holds good ' time one month. how to submit again restore petiton? why second time munsif returned my father's petition? what next action i should take? advise please.
prabhakar singh
(Expert) 22 December 2011
You are great!!!!!! i am late????????????
prabhakar singh
(Expert) 22 December 2011
May be your father is innocent but compromise was admitted by him before Munsif,the precising officer is your admission then no query arises here.
