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vijaykumar vadapalli   14 July 2023

Advocate discrepancy

Recovery of possession of immovable property. Advocate for defendant side earlier fought for grabbed site & was decreed in favor of defendant. That defendant became plaintiff now for same property which was grabbed by other defendant in present pending case. Again that advocate became now is on defendant.
Sir can this advocate's collusion with other party be shown in amendment petition now? please advice. vijayakumar


Learning

 4 Replies

Dr. J C Vashista (Advocate )     15 July 2023

The suit is stated to have been decreed in favour of defendant, which is not possible in law. h

Subsequently you have stated that the defendant have become plaintiff for the same property, is it true story / statement ?????

Two contracdictory statements make the post like an examination hall or moot court topic.

vijaykumar vadapalli   15 July 2023

Sir, in previous case defendant is absolute owner of the property. in present case that same property was grabbed new party. For that the absolute owner of the same property again filed a petition for recovery of possession of the same property. In earlier case decree was given in favor of defendant. That same defendant became petitioner in present pending case for recovery of possession. In earlier case advocate was defendant side. In present pending case the same advocate is for defendant side whis is unethical. Is this point be shown to court in amendment petition sir?
regards, vijayakumar

P. Venu (Advocate)     15 July 2023

Your posting and the clarification attempted is a riddle than a query.

Please post simple facts avoiding assumptions and presumptions.

T. Kalaiselvan, Advocate (Advocate)     15 July 2023

The advocate fought for his client in a previous suit where you were a party.

Now in a different suit he is fighting against the same party on behalf of a new party. 

The suit is different and the parties are different in the new suit, hence there is no illegality in it


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