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(Guest)

Need urgent help

Dear All,

DV case is going on the the hometown of the female.

Lower court had ordered interim maintenance, which was challenged in the Sessions Court and the maintanance order was stayed.

Then my lawyer betrayed and was supporting my wife's side...we send vakalatnama to the new lawyer.

Somehow my previous lawyerlawyer came to know and out of anger withdrew his vakalatnama before the new vakalatnama was submitted and asked the judge that since there is no direction he may order anything he wishes and the stay may kindly be vacated...now there is DID - Dismiss in Default...and he says the stay of the lower court order has been vacated and says now I have to pay....

Can this be restored...Please advice...

Wht should be my next step...

Regards,

RV



Learning

 5 Replies

VARUN UPDATED (Advocate)     20 August 2011

Rohit you can appoint a new lawyer who can make an application for revival of the appeal in the sessions court. There is a great chance of your appeal being restored and would be kept for hearing. You can explain as to why there was no appearance on your behalf in the restoration application.

ajay sethi (lawyer)     20 August 2011

you have stated your old lawyer out of anger withdrew vakaltnama and told the judge to paass any order he deems fiit . please obtain certified copy of roznama immediatedly .


(Guest)

@Ajay - What is a roznama?

@ all - By any chance if the appeal is not restored, Can an appeal be made in the high court, Since the Sessions court dismissed the appeal?

What will happen to the stay order?

awaiting your replies.

Regards,

RV

ajay sethi (lawyer)     21 August 2011

roznama is record of what transpired in court on various dates . yes you cna go in appeal

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     24 August 2011

Sad, Rohit,

 

The new lawyer should have taken care of it. He should have filed his Vakalatnama with a NoC from previous lawyer.

 

Anyways the appeal can be restored by new lawyer.

 

Never be in haste in court matters my friend. Decisions taken in haste lands in difficult situations

 


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