Case dismissed owing to fault of counsel
anupam sharma
(Querist) 25 August 2014
This query is : Resolved
In a case before Civil Court relating to service matter (payment of increment and promotion issues etc.), the evidence of Plaintiff/Appellant was closed by his counsels without the consent and wish of the Plaintiff/Appellant and consequently, Plaintiff/Appellant was not allowed to lead relevant evidence crucial for his case. It is pertinent to mention here that the Counsels engaged by the Plaintiff/Appellant did not appear on three consecutive dates and owing to the fact that the Advocates of Plaintiff/Appellant refused to represent the Plaintiff/Appellant in the, said legal proceedings before The Additional Civil Judge (Senior Division) were dismissed Under Order 17 Rule 3 CPC .
However, the absence of counsel is on record but in final order it is recorded that plaintiff did not avail legal aid counsel while the plaintiff being an old person did not really know the formalities and concept of legal aid and no one in court explained him so. Does an appeal lie against the order dismissing the plaint on technical ground only? What remedy is with the plaintiff. Should he file complaint in Bar council against erring advocates?
ajay sethi
(Expert) 25 August 2014
file an appeal against said order of dismissal before the Appellate court
Hemant Agarwal
(Expert) 26 August 2014
File appropriate Writ Petition in local High Court, praying for "restore on board at trial court", for the mentioned relevant reasons.
Keep Smiling .... Hemant Agarwal
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