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N.K.Assumi (Advocate)     23 December 2009

One time settlement after Judgement

The Judgement debtors wnats to avail one time settlement after Judgement, which I am not agreeing and wants to execute the Judgement straight away, as one time settlement is not mandatory and directory in nature only as per section 21 of the BRA of 1949. Am I right? please comment.



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 2 Replies

Y V Vishweshwar Rao (Advocate )     24 December 2009

Yes Mr Assumi Your correct !

Meharaj Chagla (Advocate)     26 December 2009

Most of the money suits in which the Defendants mmay not have borrowed actually from the Plaintiffs but since the signatures are admitted by them the suits are directly decreed by the Courts. No doubt it is the settled legal position once the signature is admitted the Plaintiff is entitled to decree. But no Plaintiff is fill up the pronote with actual amount also and the we the Advocates do not advise the clients to fill up the pronote with actual amount. The Defendants giving tough fight to succeed their case if they come within the above defece such as no consideration has been passed, no borrowal. We know how we obtain decree. In the above circumstances, after loosing all their chances if the Defendants are ready to settle the suit claim in one time what is wrong in it?

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