Legal Question in Banking Law in India
Whether Defendant in a first suit where consent decree is passed, file fresh suit against the same Plaintiff, seeking setting aside of consent decree with other prayers?
Asked on 6/23/12, 4:47 am
3 Answers from Attorneys
J. Radhakrishnan
independent Practice
The anwer is no. However, if he could prove that his consent to the earlier decree was procured by fraud played by the plaintiff of which very strong proof is required he can file a suit to set aside the earlier decree. It is an arduous task not susceptible of early or easy solution
Answered on 6/23/12, 7:24 am
RAJIV GUPTA
(Cell: +91 9811284735) [email protected]
in case the consent was obtained by fraud, coercion, undue influence or misrepresentation, the decree may be set aside if above conditions are proved.
Answered on 6/24/12, 2:01 am
Aniruddha Pawse
Aniruddha.P.Pawse Advocates
i agree with my colleagues.
Answered on 7/18/12, 3:33 am
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