Both sides lawyer
Querist :
Anonymous
(Querist) 07 April 2019
This query is : Resolved
Has to remain anonymous to hide identity from other stake holders in civil suit.
I defendant in declaration suit.
P1 an unregistered firm of two partners
P2 died before suit came on board and one of two partners
P3. 2n d partner.
My then lawyer did not inform me of stay, neither plaintiffs obtained under 39 2a much before trial began.
Plaintiffs lied that they had possession. Of suit property and stated that they were paying civil taxes. Their /his lie exposed as for years were unaware of alleged breach of status quo and filed breach of status quo application after giving witness statement.
I was not even aware of ongoing suit till my then lawyer informed me of said breach application.
On going through papers I found that the lawyer was also named as advocate for p3 plaintiff and only surviving partner. Can a lawyer appear for both plaintiff and defendant. Although a different lawyer is named against firm. But after death of other partner, main plaintiff was the surviving partner who had hired my lawyer and played games. Is it legal to represent both parties? X lawyer has jeopardized my case. Although suit is not tenable but not coming to end. Hearing stage going on. No defendant stage given.
My second query is plaintiffs breach of status quo application to imprison me as contemnor etc not numbered.
Application since past 3 yrs but no notice given on me but hearing going on since more than a year after plaintiffs evidence ended.
Views and advise would be highly obliged.
Vijay Raj Mahajan
(Expert) 07 April 2019
Your biggest mistake, you blindly trusted your lawyer, you never kept track of court case proceedings, and most probably never had the case file including order sheet of various orders passed during the dates when case came up for hearing in the court because neither you bothered to get copy of the case file nor you most trusted lawyer provided it to you.
Now here without going through your case file it's not possible for an expert and senior lawyer to answer and give any legal opinion about your case and that too free of cost.
Dr J C Vashista
(Expert) 08 April 2019
Unbelievable hypothetical and concocted story.
Dr J C Vashista
(Expert) 08 April 2019
What is the secrecy involved in your query, Mr./Ms. Anonymous????
Querist :
Anonymous
(Querist) 08 April 2019
Thanks Shri Mahajan you are right but I looked for some advise although,
Shri Vashishta Sir each word of the story is true and and depicts sorry state of affair at lower courts. It strengthens my belief that the suit is not tenable, something my lawyer wouldn't tell me. People seek advise when despite best efforts lawyers deliberately complicate the case and prolong,and do not tell the clients real status. Thanks, views still welcome and will be obliged.
On revealing identity the query appears on Google search with e mail address.
H.M.Patnaik
(Expert) 08 April 2019
Dear Querist,
during adjudication of Civil Disputes,many connected docs. come up for examination and provisions of law affecting the flow of transfer of ownership/right are analysed in course of hearing for reaching an conclusion. So, for getting a sound opinion on the merit of such dispute midway, may not be possible without having a look at the factual position based on documents as well as evidence on record and development of the case. In view of this, it is most advisable to seek legal opinion from an experienced Civil lawyer locally through table discussion.
Querist :
Anonymous
(Querist) 08 April 2019
Thanks Sirs. If any xpert can oblige on my (defense) lawyer being also lawyer of plaintiffs. Is it allowed and is it ethical.
