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Non-applicant want to withdraw a suit on the basis of compromise


01-Dec-2023 (In Consumer Court Law)
Can a non-applicant/non-plaintiff can withdraw a suit on the basis of compromise when plaintiff is not present ? Facts are a joint account has been opened between two persons with either or survivor mode(equal power to operate account), at the time of maturity , joint account holders reinvested the amount with interest , but agent fraudulently kept the part of interest amount and reinvested, on this fraud 2nd joint account holder filed a suit in the court but agent fraudulently made setting with 1st joint holder and withdraw the suit on compromise basis when the case was running at evidence stage, that 1st account holder don’t want to run the case as he received the interest from agent & no disputes is there. While in this suit 1st joint account holder was not applicant/plaintiff but suit was withdrawn misrepresentation & fraud practice of opponent criminal lawyer before the court . My question is,Can a joint account holder who is not a applicant/party in the court,withdraw the suit
Answers (2)

Answer #1
920 votes
dear reader

suit can only be withdrawn by these mode
1. when the plaintiff gives oral consent before the court or by way of an affidavit or through his counsel
2. when a compromise is arrived between both the parties and the copy of the compromise agreement is submitted before the court. it means that defendant cannot withdraw the suit without consent of the plaintiff
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Answer #2
911 votes
If you are the plaintiff, only you have the right to withdraw the case. If the case is withdrawn by fraudulent representation, you can file a criminal case on that behalf. Nobody can cheat the court by such a wicked game. U can file a complaint obviously.
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