Request For Revocation Of Waiver
TO THE COURT OF …
THE PLAINTIFF :…….
ATTORNEYS :…….
DEFENDANT :…….
SUBJECT : It is our request for termination of waiver.
EXPLANATIONS
1-) We have filed a deed cancellation lawsuit on behalf of our client and against the defendant with the file numbered …/ … E. of the … Civil Court of First Instance. Since the beginning of the proceedings, the defendant has declared that the parcel no. … belonging to our client and the parcel no. … belonging to him are different places. In the session dated …/ …/ …, we waived our lawsuit by relying on the good faith of the defendant. However, we have learned that the defendant is not in good faith with the notification of the expert report dated …/ …/ …/ … dated …/ …/ … received at the end of the discovery made in the case of prevention of encroachment filed by the … Civil Court of First Instance in the file numbered …/ … E..
2-) Article 91 of the Code of Civil Procedure No. 1086 states;
“Waiver is the relinquishment of the claim by one of the two parties.” ,
Article;
“Waiver and acceptance produce the legal consequences of a final judgment.
If the defendant accepts the result of the claim of the plaintiff in cases where a verdict is legally obligatory, the continued presence of the defendant in the case is not obligatory and this acceptance does not produce any other legal result.”,
Article 23 of the Code of Obligations No. 818 states;
“A party who has made a fundamental mistake in the conclusion of a contract cannot be bound by that contract.” ,
Article;
“A party who is obliged to execute a contract through the fraud of another party shall not be bound by that contract, even if his fault is not substantial.
A contract concluded by a party who is subjected to the deception of a third party is obligatory. However, if the other party is aware or should have been aware of this deception, that contract will not be necessary.”
There is a regulation.
3-) For the reasons we have explained, it has become necessary to apply to your court to decide on the termination of the waiver statement made by our client relying on the good faith of the defendant.
LEGAL GROUNDS : Art. 91 of 1086 S. Code, Art. 23, 28 of 818 S. Code and related legislation
LEGAL EVIDENCE : …/ …/ … E. numbered file of the … Civil Court of First Instance, …/ … E. numbered file of the … Civil Court of First Instance, expert report dated …/ …/ … and other evidence
CONCLUSION AND REQUEST : For the reasons we have explained above; we respectfully request on behalf of our client that the statement of waiver made by our client in the session held on …/ …/ … date of the trial held in the file numbered …/ … E. of the … Civil Court of First Instance be decided to be terminated, and that the trial expenses and attorney’s fees be charged to the other party. …/ …/ …
Counsel for the Plaintiff
ATTY.