Aashish gupta (practicising) 18 June 2009

written consent to withdraw

whether for withdrawing a writ petition in the Punjab and Haryana High Court a written consent letter from the petitioner is necessary to be produced, before the court may allow withdrawl of the petition?

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10 Replies

SHEKHAR MISHRA (public servant) 18 June 2009

no written consent of the petioner is necessary. an advocate on record can withdraw it orally .

Aashish gupta (practicising) 18 June 2009

Many thanks for your above reply sir. But what if the advocate withdraws the petition without instructions from the client? It shal amount ot professional miscounduct? Are you aware of any case law on similar facts?

Amit Gupta (Advocate) 18 June 2009

normally no formal permission is required to withdraw a suit or petetion in any court in india, CPC does not provide for it.

even otherwise an advocate is always has authroity by way of Vakalatnama/ power signed by client, to do the the need ful in courts.

may be the highcourt rules for haryana & punjab laid down any any rule in this regard.

Amit Gupta (Advocate) 18 June 2009

withdrawal without permission, can not be termed as Proffesional misconduct in evry case.

if the advocate can mention the valid reasons for doing the same.

Swami Sadashiva Brahmendra Sar (Nil) 19 June 2009

It depends on facrs and circumstances. if the client had really not instructed to withdraw the petition, it is professional misconduct. the may file an application with affidavit through another advocate for restoration of petition .

Aashish gupta (practicising) 19 June 2009

Thanks for the above input and advice.

V.V.RAMDAS (Advocate) 21 June 2009

Dear Aashis,

Never try to withdraw any case in any court with out the concent of the party. It may required in courts or may not required but your safety you have to obtain the concent.

V.V.RAMDAS (Advocate) 21 June 2009

Dear Aashis,

Never try to withdraw any case in any court with out the concent of the party. It may or may not required in courts but for your safety you have to obtain the concent.

Swami Sadashiva Brahmendra Sar (Nil) 21 June 2009

Mr Ram Das is right. I do always file an application with affidavit of client for withdrawal of a case or for any step where there may be likelihood that as per human behavior the client may make an allegation in future that he had not instructed for the same.