Hi,
I have filled a case in city civil court in Mumbai with all the evidences w.r.t our pending payment of fees for approx. 10 lacs from a client. As a Plaintiff our case has not moved ahead in past 7 years due to our bad lawyer. Our advocate has taken full fees but never attends court and misguides us. I have spent a lot of money on court fees and lawyer fees but nothing is happening with the case. Defendant’s advocate is good and attends the court regularly.
At this stage, I have wasted several years in thinking about the matter and want to withdraw my suit on immediate basis. Hence, I have following queries –
1) Can I withdraw my suit as a plaintiff and will this have any negative effects on me? Can the defendants counter fire on me taking advantage of my bad lawyer ?
2) Will the suit be dismissed with penalty or at no cost ?
3) What is the procedure to withdraw the suit so that I don’t have to face defendants lawyer nor face any hearing? Can i do this withdrawal procedure myself alone or can my advocate do it by himself without I attending the court? How long does this process take and what are the stages ?
4) My recovery amount was around Rs.10 lacs for which I had paid court fees of around Rs.25,000/-. Will I get the refund of court fees in the case of withdrawal of my suit?
Look forward to hear.
Regards,
VK Ramon