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Arshi   20 May 2021

Fraud by lawyer

My friend had a maintenance case going on in Court. He had all the documents. Now, the case was filed by his wife for maintenance. Now, last year because of COVID, the Court hearings were going online. So, his wife and her lawyer bribed his lawyer,, and in result of which his lawyer did not inform him of any hearing date. Whenever he asked his lawyer when is the hearing and is he required to come, the lawyer would say that he is not required and for now your hearing is postponed. My friend in the pretext kept waiting and later on the Court passed the order without his presence. 

What can my friend do now, does he have any legal remedy?



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 3 Replies

Sankaranarayanan (Advocate)     21 May 2021

When she got order? how you knew she got order in and her favour?

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 )     21 May 2021

Nowadays courts case status communicate to the concerned lawyer as well as client/petitioner/respondents through SMS to alert their case status. Litigants can watch or browse online www.e-courts.gov.in can 

T. Kalaiselvan, Advocate (Advocate)     21 May 2021

Your friend can change the lawyer and file a petition to set aside the exparte order passed by the court for the same reasons.

However please note that if your lawyer was not responsive for a very long time, you should have contacted the court directly or at lest gone through the case status through ecourts website.

Your negligence or lax on your side by not following up the case properly would not constitute the advocate's fault/negligence.

 


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