Out of court settlement done.cancel it and appeal again
My father appealed challenging specific performance of contract order passed against him. My father went for out of court settlement and withdrew appeal as demanded by the other party. Now my father wants to want to cancel the agreement and appeal. Will this be accepted by the court?
Once the appeal has been withdrawn on the basis of a compromise made in an out of court settlement, the same cannot be restored or reopened in an ordinary manner. There is sanctity attached to a judgment of court which debars the litigating parties to lay a legal challenge to a judgment passed on the basis of their own unqualified undertaking given to court.
The only legal remedy now available to your father is to challenge the decree that was passed on the basis of the settlement made between your father and the other party. If the judgment is set aside by the court then the appeal may be heard.
- Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at LawRato.com and has been responded by one of the Property Lawyers at LawRato.com to address the specific facts and details. You may post your specific query based on your facts and details to get a response from one of the Lawyers at LawRato.com or book a Detailed Consultation with a Lawyer of your choice to address your query in detail.
Get Started >>
Answers by Our Lawyers
- Misuse of blank security cheque by company
- Non payment of salary by the employer
- Can daughter in law claim share in father in laws property
- Applied for passport asking for ex husband's signature
- Abruptly terminated w/o proper time to reply. What action can I take?