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Chameli   14 August 2024

Withdraw a case

Hi ,
my advocate in India is being very difficult he is refusing to withdraw my case and also has power of attorney as we live abroad . 
How can we get out case to be withdrawn from the court . 



Learning

 4 Replies

T. Kalaiselvan, Advocate (Advocate)     14 August 2024

An advocate having power of attorney on your behalf cannot conduct your case as an advocate.

He can merely represent you during your absence.

If his integrity is suspected then you can cancel the POA deed given to him and terminate the vakalatnama by issuing a legal notice and immediately or simultaneously engage another advocate to avoid embarrassing situation 

Real Soul.... (LEGAL)     15 August 2024

Just engage some other counsel and give him (limited to withdraw the case)  POA ,

and or send affidavit to be presented by any of your relatives for case withdrawal in court in person.

your Advocate cannot force you to litigation, so you write him and send him a cancelation of PAO, 

Ensure the withdrawal is unconditional with a leave to file if requiered in future again.

Chameli   15 August 2024

Unfortunately it was a relative who happened to not only scam us financially but also recommended this so called advocate who also got his nephew advocate to file the petition, sounds very messy where all those so called advocates  were busy ripping us off .We don't trust any family members or relatives anymore and the legal system is broken .. 

T. Kalaiselvan, Advocate (Advocate)     17 August 2024

You can even bring advocates from outstation if you don't trust the local advocates anymore due to your bitter experience.


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