mohit (others) 06 February 2016

Dv act

sir,

my wife filed a dv case againest me and my family member at cjm court after get notice of dv case i give apppearance and submitted a written objection that case is not maintainable but judge reject my objection againest that order i filed a appeal in district judge court is this appeal judge call record and its on for final arguments stage but on the date of hearing my lawyer cheat me and withdraw my case without me or my family member consent and also write in order sheet that he does not want to continue the case withdraw the case .after write by advocate judge reject my appeal .

after geeting information of this now i want to restore this case my question is that my lawyer cheat me and by cheating of lawyer can i suffer.

please give me advice how can i restore this case if any judgments or citiation or case refererce regarding my case please give me as soon as possible becasuse i think petionner cand not suffer on fault of advocate this is injustice with me and my family memeber.

thanks in advance.

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8 Replies

Vijay Raj Mahajan (Advocate) 06 February 2016

If your lawyer did this act it was unprofessional on his part but this usually happens in cases where lawyers' fees is not paid on time or as per demand. You engage another lawyer and file fresh appeal.

mohit (others) 06 February 2016

sir,

thanks for reply you are write usually happens in cases where lawyer's fees is not paid but sir in my case i paid fees in advance as he demand sir please any chance to restore this appeal if any how ? please give me instrruction how is possible or only chance to file fresh .

thanks in advance

Augustine Chatterjee,New Delhi (Advocate & Solicitor at Law) 06 February 2016

You have to file a formal complaint against the said counsel before the bar council . But beware that in case your claim is found to be false then some extremely serious action shall be taken against you . Hence be careful

Sidharth 06 February 2016

I'm not agree with the advice to file complaint against lawyer in BAR association. As it will give you only tension not relief. You are right lawyers always takes fees in advance.

You are adviced to file review petition in same court.

mohit (others) 07 February 2016

Dear experts thanks for reply

sir i want to now can i file a fresh appeal on same ground again in court or review petition in same court. please tell me about the process and if any chance to restore my rejected appeal please tell me.

thanks in advance

FREDYCHARLES RK - Bangalore (Advocate) 07 February 2016

Yes, I too echo the same thoughts, i.e, filing a complaint against a Advocate is not a good option as most of the times it's the fees and expense issue although may not be your case but the fact remains, the clients are also too smart when it comes to fees for advocate... anyways as suggested prefer a new appeal