Economic duress I A petition filing before trial

Question

Economic duress I A petition filing before trial

20-Jan-2026 (In Civil Law)

I filed money suit for ₹1100000.Defendant start selling his properties.I have big financial burden of heavy bank EMI. Defendant sold property I mentioned in the suit for attachment. Before first hearing I was offered ₹ 775000. I received the amount and signed agreement not to claim further and withdraw the suit. Otherwise no hope to get money from def. Defendant submit the agreement and asked for dismissal of suit. I requested to continue suit for ₹325000, allowed. Can I file I A petition

Answers (1)

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Advocate Hemalatha Narayanan LawRato · Accepted Answer · 2026-01-22T14:56:51+05:30

Answer #1

In your case, since you have accepted ₹77,500 and signed an agreement stating that you will not claim any further amount and will withdraw the suit, that document has strong legal value. Normally, such an agreement amounts to full and final settlement, and the defendant can seek dismissal of the suit on that basis. However, since the Court has already permitted continuation of the suit for ₹3,25,000, you can proceed further only to that extent. You may file an Interlocutory Application (IA) if it is for a procedural or protective relief, such as attachment before judgment, production of documents, or to secure the remaining claim. You cannot file an IA to reopen or contradict the settlement terms, unless you can legally prove coercion, undue influence, or fraud.

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Adv. Hemalatha Narayanan Adv. Hemalatha Narayanan

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