Yshak Lonwolf 21 February 2022

memo not an evidence

can a compromise memo not duly sworn before the judge. with no affidavit filed. not deposed. be considered as evidence in a recovery suit. if so please provide citations or case laws

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Quick Summary

This discussion explores whether a compromise memo, not sworn before a judge or filed with an affidavit, can be considered valid evidence in a recovery suit. While a duly executed compromise agreement between parties, filed through counsel and served on the opposition, is generally valid, a memo not sworn or recorded by the judge may be deemed inadmissible as per the Evidence Act. It's highlighted that such a memo might be treated as a report or application, and its validity can be challenged if obtained through fraud or undue influence. Seeking legal advice from an advocate is recommended for specific guidance.

3 Replies

G.L.N. Prasad (Retired employee.) 22 February 2022

The compromise memo should have been within the parties duly executed as per laid down law. Filing such a signed document executed by both the parties in recovery suit through their counsel and after serving it to the opposite party is valid. Agreement between parties for compromise is different from the affidavit. In case of doubts discuss with your advocate for due guidance.

Yshak Lonwolf 23 February 2022

But the compromise memo was not sworn before the judge, nor did the judge has recorded the same. according to evidence Act memo is not an evidence but just a report or an application. the defendant only has filed the memo for which he has questioned the validity of thet memo stating it was obtained by fraud and undue influence. can you please suggest me case relating when memo not sworn before judge is not admissible.