I have given loan of Rs.1L to a person by bank transfer, on a promisorry note, for simple rate of interest. The borrower not paid both interest and principle amount. So decided to file a suit.
My advocate taken Rs. 18K by bank transfer, to be payable as court fee, in this suit going to be filed.
Also agreed to pay Rs. 10K, as advocate fee at the end of suit judgement day.
He filed suit, but the court rejected the suit, as it has no jurisdiction to take up the suit.
Then he filed suit in a Revenue Court at District Collectorate and send me a filing proof.
All this happen 5 years back. Whenever I ask about status of the siut, he just simply saying that revenue officials are responding, we can't do anything.
As we agreed in the beginning, I just paid 18K for court fee, but he is not utilised such amount for that particular purpose, as the court rejected the application as said above reason and he is not giving back such money or taking forward the suit and not responding now properly.
1. What should I do now to recover my amount paid for court fee, which is not utilised as such.
And
2. How can I take forward my suit?