Advocate
Guest
(Querist) 05 October 2018
This query is : Resolved
Advocate have signed delay condolence application to take written statement , Defendant has not signed , No supporting affidavit submitted.
Under circumstances whether Advocate act of signing such delay condolence application whether illegal , and under which provision . Or it become professional misconduct as per bar council of india rules
Isaac Gabriel
(Expert) 05 October 2018
If the defendant fail to object, the court can condone the delay and proceed. I
Dr J C Vashista
(Expert) 05 October 2018
It is the counsel for defendant to appraise the Court qua non-supporting affidavit to the application for "condonation" (but not "condolence") of delay in filing written statement.
How you are concerned with the question, which is not in the form of query of a needy litigant ?
Vijay Raj Mahajan
(Expert) 05 October 2018
Advocate with power of attorney or vakaltnamma taken from the client can move application on behalf of the client, nothing unprofessional in such act done on behalf of the client in the court proceeding.
As far giving affidavit along with the application is concerned, the court can always allow the counsel to get the same from his client on next date of hearing nothing unlawful if the application is not submitted with supporting affidavit this deficiency can be removed by the order of the court.
R.K Nanda
(Expert) 05 October 2018
It is Not a professional misconduct of advocate.
R.K Nanda
(Expert) 05 October 2018
It is Not a professional misconduct of advocate.
P. Venu
(Expert) 05 October 2018
It appears that there are deeper issues. Please post the complete facts.
SHIRISH PAWAR, 7738990900
(Expert) 05 October 2018
I agree with Mr. Prasanna. That application will fail i.e. it will be dismissed.
K Rajasekharan
(Expert) 05 October 2018
Managing anything badly or incompetently amounts to misconduct.
If such incompetent behaviour happens from the part of a professional advocate in the matter of providing service to a client after taking authorisation in the form of Vakkalath and money for the service in return, it is obviously deficiency in service. That definitely amounts to professional misconduct if he belongs to a profession where rules and procedures are pristine and his work is closely related to life and death issues.
The court where he practices regularly can excuse his lapse if it happened on account of some oversight and is not his habitual practice. For a client who paid him and chartered his service it is a case of professional misconduct which can attract penal action.
Guest
(Querist) 06 October 2018
@ Venu Sir
Facts ---
1. Delay Condolence application to take written statement was moved by defendant and I was plaintiff
2. Reason given in delay condolence application was Plaintiff using his legal knowledge deceived Defendant and told there is no need to give written statement and we will settle the matter amicably
3. This allegation were done by Advocate with his signature and not signed by Defendant nor supporting affidavit given
4. Now application was allowed with set of application because judge was aware within seconds with my approach I will be moving for quashing of delay condolence application in Hon. High Court
5. So this act of advocate was wrong
Dr J C Vashista
(Expert) 06 October 2018
You have adequately been advised / obliged by experts, now it is your turn to proceed as guided by your lawyer.
P. Venu
(Expert) 06 October 2018
Is it delay condonation or condolence?
Guest
(Querist) 06 October 2018
please ignore auto typing error
Guest
(Querist) 06 October 2018
Horrible auto typing error takes place some time
P. Venu
(Expert) 07 October 2018
It appears that the querist is under more than one misconception. Firstly, the relevance of the provisions of Limitation Act vis-a-vis the provisions of Order VIII Rule 1. The provisions of the Limitation Act is applicable in initiation a civil action. There is no limitation as to filing the written statement, but only a time limit as fixed by Rule Order VIII Rule 1. This provision is not mandatory, but only directory in view of the provisions of Section 148 CPC. Moreover, it is the general rule that Court opts to hear the other side unless it causes prejudice to the plaintiff/applicant.
Moreover, the indiscretion/incompetence has been on the part of the advocate of the defendant. How come the plaintiff need to bothered of the issue? He has no locus to move against the advocate. Of course, he can move the higher courts against the decision of the trial court.
Guest
(Querist) 07 October 2018
Question which evolved in this matter and certainly which will be also taken in Hon. High Court whether Advocate can sign such application at first instance on behalf of his client ?
Point will be certainly adjudicated by Hon. High Court not doubt , but everyone input was indeed valuable for me
A. A. JOSE
(Expert) 11 October 2018
You have a right cause to challenge.
