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Once the appeal has been withdrawn on the basis of a compromise made in an out of court settlement, the same cannot be restored or reopened in an ordinary manner.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.
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