Is the advocate liable for prosecution..

Dr G V Rao (Querist) 03 May 2015 This query is : Resolved
Sirs, in one case I am facing the Plaintiff used abusive and harsh words like Criminal, Goonda elements, cheat etc etc in the Plaint, apart from false allegations about me. The Plaint was signed by the Plaintiff as well as the Advocate for the Plaintiff. I am very hurt by such words as they are false and defamatory in nature. Can I file a complaint with Police for a FIR or Bar Council seeking cancellation of enrollment of the advocate as he had signed without proper verification of the statements made by his client and countersigning such affidavits . If so, what are due sections of law which I need to approach for seeking remedy.

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Anirudh (Expert) 03 May 2015
Dear Dr.Rao,

Countersigning of the affidavit by the Advocate is only to identify the client and not to support the contents of the same. This you are quite aware.
In spite of that, how can you ask whether the Advocate can be complained against?

Just because you are hurt, does not mean that advocate is to be complained against.

Guest (Expert) 03 May 2015
Dr Rao,

Why worried, let the paintiff or his lawyer first prove you as "Criminal, Goonda elements, cheat etc" and then think about any action, if not proved so.

In fact, your question is quite premature, as the plaint is not only the proof of an offence unless proved so.

R.K Nanda (Expert) 03 May 2015
no complaint can be filed against advocate.

Rajendra K Goyal (Expert) 03 May 2015
No complaint against the advocate can be lodged on the above fact.

Let the matter be decided by the court first.