Penality for a case default due to non-prosecution
sanjeev kumar
(Querist) 13 August 2013
This query is : Resolved
D/Fellows,
The appeal of the divorce case filed by me is pending in the High Court.It was filed in the year 2001.I contacted my Lawyer so many times telephonically and personally,but always he told me that in the HC the cases took years and years to enlist.In the year 2013,I went to the HC and tried my best to know about the real picture.One dealing hand clerk unofficialy told me that your case had been dismissed in the year 2009 due to non-prosecution after 14 opprotunities to appear.It jolted me and I approached my Lawyer.He pretended that till date 10-12 juniors worked under me and left me to practise independently,it might have occured that I submitted the 'Wakaltnama' of one of juniors and he thereafter left me and we did not care and thought that it was his case.He moved an application for restoration of the case.The Judge was very much annoyed and ordered me to pay Rs. 40,000/- to her as a litigation fee.I am already under suspension in connection with my conviction in 498A and unable to pay due to financial constraints.On the other hand the restoration of the case is also very necessary for me.My Lawyer is not properly guiding me.He says "Bring the draft of Rs. 40000/- on her name or need not to come on next hearing."Is there any legal way to avoid this penality.
with regards
ajay sethi
(Expert) 13 August 2013
complain to bar council against your lawyer . if he did not appear for 14 dates case has been dismissed for his negligence .
you are also at fault . why dont you check high court website for next date of your case . all details are available online
ajay sethi
(Expert) 13 August 2013
you will have to pay the litigation costs to your wife .why should she suffer for negligence of your lawyer?
Rajendra K Goyal
(Expert) 13 August 2013
Pay the amount as ordered by the court, may change the Advocate.
sanjeev kumar
(Querist) 13 August 2013
Sir,
She has been practicing as an advocate since 2002 and is earning hand.Also take monthly maintenance from me Rs. 17,150/-.
ajay sethi
(Expert) 13 August 2013
you have to comply with court orders of payment of litigation costs
Rajendra K Goyal
(Expert) 13 August 2013
These are the court orders irrespective of the fact whether she is earning or not which was not argued before the court. You should comply with the orders.
prabhakar singh
(Expert) 13 August 2013
IT IS A MUST TO PAY 40K OTHERWISE DISMISSAL SHALL REMAIN IN FORCE.
THERE IS NO ESCAPE ROUTE FROM PAYING THE COST IMPOSED.
EITHER LET THE APPEAL BE TREATED AS DISMISSED OR PAY THE COST IMPOSED 40K.
Raj Kumar Makkad
(Expert) 14 August 2013
First of all, clear the cost and then raise the issue o earning of your wife.
