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bomneedhelp77 (owner)     31 July 2022

Lawyer did not appear for hc case

I have engaged a lawyer and signed vakalatnama to file a suit in High court. I am out of station.

The latest listing/order lists  "Advocate for respondent . etc" .

But there is no advocate for the Petitioner (me)

The hearing has been adjourned for 2 weeks.

Can a hearing be adjourned  without my lawyer being present ? Isnt mutual consent required ?

When I asked my lawyer about this he says he was there - this is a clerical error from the court.

Is this believable ? Should I be concerned that my lawyer's absence will cause an ex-parte decision to be taken and my appeal to be dismissed ? What precautions can I take ? Can I add another to the case or do I need to file a fresh vakalatnama ? 

Please help.



Learning

 3 Replies

Shashi Dhara   31 July 2022

Without argument  orders is not passed  don't worry.

Sidhhi   01 August 2022

Please don't pay in cash and never pay full fee in beginning itself. You should phase out payment till order from court. If advocate insist on cash payment and demand full fee better look for another. It's very messy situation and Bar Councils need to act on this menace.

VENKATA MOHANA RAO PATHAKOTA (PRACTICING ADVOCATE AT SUPREME COURT AND HIGH COURTS)     09 August 2022

You have a good case. You may reach me @ 8297877977

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