Removal of advocate & adv.commissioner
srinivasa Kiran
(Querist) 21 April 2014
This query is : Resolved
Dear Experts,
One of our Colleagues had filed a partition suit in 2009 for claiming right. The court appointed Adv. Commissioner for assessing the value of the property and the probability/possibility for divisibility as well. Accordingly, the Advocate & Adv. Commissioner were colluded with respondents and downsized the valuation and mislead the report with all substandard values. Now my queries are as under: -
1). The case is adjourned to 15th July, can we advance the same by a petition ?
2). The Adv. Commissioner is not submitting the final report to court and says that it cannot be submitted before 15th July.
3). We want to remove both Advocate & Adv. Commissioner with immediate effect. What is the procedure.
Please help us, as we would like to take action with lightening speed to save time, as the petitioner's health is not well.
Regards
Kiran
Devajyoti Barman
(Expert) 21 April 2014
1. Yes but result is unlikely.
2. Normal.
3.You can do so though you can challenge the authenticity of report and ask for appointment of another one.
You can change your advocate at any point of time provided his fees is not remaining due.
Rajendra K Goyal
(Expert) 21 April 2014
1. Yes.
2. He can or prey for some more time if court permit.
3, Agree with the expert Devajyoti Barman ji.
R.K Nanda
(Expert) 21 April 2014
file application in court u/s 151 of cpc to appoint new adv.comm.stating therein that previous adv.comm.have colluded with respondents.
