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Parveen Kr. Aggarwal (Advocate)     23 December 2009

unauthorised withdrawl of suit by lawyer

A suit is withdrawn by lawyer representing plainiff in lok adalat. The plaintiff never authorised him to do so nor there was any apparent reason for withdrawl of the suit. The plaintiff does not want to take legal action against his counsel but only wants to get his suit restored. Whether it can be done? If so, please specify the legal provision(s) and also case-law on the point.



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 4 Replies

J.D.Sharma (lawyer)     24 December 2009

As you must be knowing there is no provision in law to challenge the decision made by lok adalat, so it can't be challenged by way of appeal, review, revision. nor u can file an application before the same lok adalat to reconsider its decision. the only option open is to file a suit for declaration in the civil court, but in that case you have to allege all thing including unauthorised withdrawal of case by the attorney but before filing that make sure to look into certain things

1. whether your client was present when the suit was withdrawn

2. on whose statement suit aws withdrawn

3. if it was your client who stated to have the withdrawal whether there are his signature on the statement made for withdrawal and whether he was identified by any person present there.

4. time expired since the date of withdrawal or when your client came to know about the alleged illegal withdrawal.

5. court often do consider the prejudice that has happen to your client by such withdrawal and the extent of the prejudice.

what is written above are the recoureses open to you,

you can also intiate legal proceeding against the culprit lawyer in the consumer court plus you can also intimate  bar association so as to initiate inquiry against the lawyer which even could suspend his practising license.

Parveen Kr. Aggarwal (Advocate)     24 December 2009

Thanks Mr. Sharma.

The client was not present in the Court at the time of withdrawl of the suit and the suit was withdrawn on the statement of the counsel representing him so, the statement does not bear signatures of the plaintiff. The suit was withdrawn about two months ago. The plaintiff has been gravely prejudiced because it was a service matter and the plaintiff was granted stay order on the application for temporary injunction. However, the plaintiff is interested only in getting the suit restored and his claim in the suit and he does not want to initiate any kind of legal action against his previous counsel. 

Please guide.

Nali Seshu Kumar (SOCIAL WORKER)     25 December 2009

without consent of the party withdrawing the suit in lok adalat is impossible ,if it is true the other remedies are open to the plaintiff to challenge the withdrawal as recorded by the lokadalat and also proceed against the caunsel either disciplinary committee of the bar council of the stste concened aswell as consume fora but before proceed against the caunsel the party has heavy burden to prove allegations .

Parveen Kr. Aggarwal (Advocate)     26 December 2009

Thanks Mr. Kumar,

The situation has arisen only because of unauthorised withdrawl of the suit by the counsel.

What other remedies the plaintiff has, please specify?

I have already made it clear that the plaintiff does not want to initiate any kind of legal action against his previous counsel and he is interested only in the redressal of his grievances in the suit.


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