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Deepak (Nil)     02 April 2025

Financial claim not valid

Dear Learned Advocates,

We had filed a DVC case in which a huge financial claim was put by our previous advocate. After disengaging him, our current advocate told us that the the financial claim we sought for cannot be claimed through the DVC case as it is not applicable based on the nature and scope of DVC. 

We had also filed 2 civil suits against the same respondents in the DVC case, for different reliefs. Our current advocate again told us that one of the civil suits is wrong and it would have to be amended/modified. (I do not know whether our previous advocate was colluding with the Respondent's advocate by filing wrong claims in wrong courts on purpose to help them).

Since we would have to amend the wrong suit filed by the previous advocate, I would like to know whether we can add the claim sought for in the DVC case to the amended suit or not. (I heard that a financial claim made in 1 suit cannot be sought for in another suit. Do not know whether it is true or not). Also since we have only 2 civil cases currently pending against the respondents, can we seek the claim for the DVC through the amended suit  

Also in case we are unable to add the DVC claim to the amended civil suit, how can we seek the claim? What are the legal remedies available?

(In case we do not add the financial claim, it would cause a lot of loss to us as we have not got a chance yet to prove any of our claims and our cases have been prolonging for more than 8 years. Our lawyer has also cheated us by filing wrong claims and we have also filed a case against him)

Request anyone to share their knowledge/expertise on this subject.

Thank You 

 



 3 Replies

Dr. J C Vashista (Advocate )     02 April 2025

Is it your personal case?

T. Kalaiselvan, Advocate (Advocate)     02 April 2025

Without knowing the details of the law suit filed and the reliefs sought no opinion can be rendered.

Besides what is the claim made in the DV case which has not been added to the civil suit?

Your question is not clear hence any opinion rendered in this regard may be misleadling

Dr. J C Vashista (Advocate )     03 April 2025

Show the case file to some other local prudent lawyer, if you are unable to share it, for proper appreciation of facts which is vague and confusing in your post.

What is the opinion and advise of the lawyer engaged by you ?


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