Facts:
1. Petitioner got an exparte decree in consumer forum after the respondent and his lawyer appeared for three dates and stopped appearing after that without filing any written statement. Even cost was slapped by consumer forum for delay in WS which was never paid.
2. Now they have filed application to set aside ex parte order within 30 days of decree.
3. The plea taken is advocate's fault. That advocate misguided and assured the respondent that he has filed WS and case is proceeding fine.
4. They have also filed complaint to Bar council against lawyer and attached it alongwith ex parte order.
Questions:
Please guide what should be the strategy/grounds to get their application dismissed?
Please provide citation on similar cases. Is this ground enough to get it set aside? Isn't responsibility on party also to follow the case?
How can I get detailed report from Bar Council about the complaint to get the version/defense of lawyer also on record? Because lawyer may have stopped appearing because of non-payment of fees or as per instructions from other party? In which case fault will be on respondent's.