Legal Question in Civil Litigation in India

There was a family agreement between three parties (A, B, C) in the 1993 wherein it stated distribution of joint properties specifically as per the said agreement between the three parties. (note - This family arrangement was done on a stamp paper of Rs 20 which is niether registered nor notarised). However the same was partly acted upon as per the convenience of two parties (A, B). Later in early 2009, once again the same three parties entered into a arrangement and signed a hand written understanding in a peice of paper (not stamp paper but a notebook page). It stated distribution of the same properties which favored the two person as the same was signed on good faith to avoid family hassles and maintain peace. However the same was never acted upon and later in 2010, one of the party (A) to the agreement filed a partition suit in a local court relying on the agreement dated 1993. Thereafter another party (B) also filed a written statement accepting the fact stated in the agreement dated 1993 and acting according to the same facilitate partition. Now the query is, whether the 2009 agreements holds good or not as if it does, the third party (C) would tend to lose a lot and should the third party mention the same if he /she is filing a suit at any other court for partition according to the agreement in 1993. Please note that the parties earlier (A and B) have never mentioned either in their suit or reply respectively about the agreement of 2009. The third party (C) had also relied upon the agreement of 1993 in my reply with regards to the said partition suit. Can "C" avoid stating the same in the fresh suit (as mentioned "C" would tend to lose more if 2009 is acted upon) or is there anyway "C" can still hold the agreement of 1993 as valid and binding for all the parties without suppressing the facts of the agreement dated 2009. Please help. Thanks and sincere regards

Jitesh

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