Two parties were having a case regarding a property. One party submitted an application for closing the case along with a unregistered agreement on stamp paper of Rs.100 with signature of two witnesses and both parties.
Now second party is claiming he never had any such agreement (samjhotanama).
So, can we claim that unregistered document can't be taken into record, how to convince magistrate that unregistered agreement is just a waste paper.
Opposition is arguing that compromise does not require to be registered.
Thanks in advance.
Actually I want to ask that registeration of that agreement is mandatory or not.
Compromise decree registeration is not mandatory but compromise must be registered, please correct me if I am wrong. Court cannot decree just on the basis of unregistered compromise agreement when one of the party is denying that.
Totally depends on the nature of the compromise and the rights and liabilities which it conferred upoin the signatories. From a prima facie view it does not appear to be mandatory to register the agreement as described by the querist.
Any compromise in civil suit is governed under the provision of order 23 of the civil procedure code. Compromise is a required to be in written form and compromise application for the same is required to be allowed by the magistrate. Any document which is presented and the other party is objecting to that compromise, then in that case that compromise will not be presumed to be a compromise. However, other party either plaintiff or defendant can place such a compromise on the record but the admissibility and interpretation is entirely dependent upon the trial.