Slp dismiss in supreme court due to advocate negligence
Bhanu
(Querist) 16 May 2018
This query is : Resolved
Respected Advocates,
I am in a big trouble and need immediate and expertbadvisr on my case.
Last Month my Advocate who is (AOR) in supreme court file for slp in supreme court. It is against sec 138 case. The high court ignore some major facts and gave the wrong judgment. Now my advocate who is aor in supreme court filed the case and didn't present on the said date. He went outstation without information . A day before the case date he told another advocate to present in the court next day and do the arguments. That another advocate didn't knew the case so he just do what he can do and the case (slp) was dismissed. The court decision is that they cannot interfere in high court orders. No other reason given for dismissal in written orders.
Now please tell that since this is due to advocate irresponsible behaviour, can I re-file the case in any way through another advocate ? Or any other way for me to revive my case? Please help me.
Bhanu
(Querist) 16 May 2018
Plz help on above query
Bhanu
(Querist) 16 May 2018
Plz help on above query
Vijay Raj Mahajan
(Expert) 16 May 2018
No, you cannot file another SLP now even though it was because of carelessness of your advocate, the Supreme Court will go with record of the case as presented and it has gone through it before dismissing it at admission stage itself.
95% SLP get dismissed at admission stage itself.
SHIRISH PAWAR, 7738990900
(Expert) 16 May 2018
SLP dismissed means you lost all chances for challenging the order before supreme court. Even then please change advocate and consult with some experienced advocate.
Kumar Doab
(Expert) 16 May 2018
Hope you shall take it positively.
Why did you land up with a careless lawyer!
Or the lawyer knew in advance there is Nothing in the matter that can be done.'
Approaching another very able senior LOCAL counsel of unshakable repute and integrity specializing in such matters and having successful track record ….. and worth his/her salt …ASAP with case file to find if anything can be done in the matter is perhaps all that you can do.
Bhanu
(Querist) 16 May 2018
Thanks a lott respected advocates for your response.
I read somewhere that earlier one order was passed against one case that if due to negligence of advocate something wrong happen with the clients case client will not suffer and can have some chance in someone the other way to get the justice. I can't share the link of that here. But I am sure that any of you can surely help me to clarify this.
Also confirm if I can file for review can it help me in any way? Is it necessary to file for the review through same advocate??
@Respected Kumar Doab Sir -- I understand that it's my mistake to hire such irresponsible advocate but actually I never predicted for this bad future. No client will ever do such silly mistake specially after reaching supreme court but my bad luck was that I was not in able to hire expensive advocates as I lost my own house in all these things & still struggling from past 8 years to get the justice. . I know this might be the bad luck of many more clients in India who cannot afford senior advocates and such irresponsible advocates make fool of them. I don't understand whose mistake is this?
P. Venu
(Expert) 17 May 2018
What is the Order - is it SLP dismissed or Leave refused? Please note that no reasons needs to be given for refusing leave. And it in variably the case that leave is refused in SLPs.
If the SLP was not decided on merits, review petition could be filed in the High Court. Of course, the delay needs to be taken care of.
T. Kalaiselvan, Advocate
(Expert) 18 May 2018
The decision rendered by supreme court is final and you cannot reopen your case in supreme court for any reason.
Dont blame the advocate if your case is not having merits for consideration by supreme court in SLP.
Dont ever blame an advocate practicing in supreme court to lack knowledge of law.
Your case was not having merits hence it was dismissed by high court in the review petition. Hence supreme court categorically stated that it do not warrant for an interference to the high court's decision.
Now you have nothing to contest or as a last try you my aproach high court with a review petition.
You have traveled all along from the appellate court (district court), you mean to say that all the advocate right from the trial court till supreme court were ill-knowledge or lacking in skills?
Guest
(Expert) 18 May 2018
Mr. T. Kalaiselvan when an Advocate had not taken care of his Case is it not his fault. It should have been handled by the Advocate who has the thorough knowledge of particular. Case. The appointed Advocate not appearing and deputing some one else is it not his fault. SLP would be admitted in Supreme Court with proper verification only. If the Supreme Court is simply going to agree with High Court Orders then there would be no requirement of it at all. Here the total fault is on the side of Advocate only and only he should be blamed only by the innocent Querist for it.
Guest
(Expert) 18 May 2018
Dear Querist discuss with a good advocate in detail ans seek the merits of filing a Review Petition.
Bhanu
(Querist) 24 May 2018
Thanks for the responses. And very sorry if anyone hurt by my query. T. Kalaiselvan, Advocate Sir I am not doubting about the knowledge of any Advocate but in my case the advocate was not present on the case date and that too without informing me. Secondly the other advocate who represent the case didn't studied the case so was not aware of all the facts. He just got the file few hours back only. Now you can understand about his preparation and how would he represents the case.
I don't know whether he can take another date on first hearing or not but when asked he refused that supreme court never allow adjournment on first date. Is he right or not? I believe if there can be possibility of adjournment may be the decision will be positive if my case was represented properly.
Bhanu
(Querist) 24 May 2018
Thanks for the responses. And very sorry if anyone hurt by my query. T. Kalaiselvan, Advocate Sir I am not doubting about the knowledge of any Advocate but in my case the advocate was not present on the case date and that too without informing me. Secondly the other advocate who represent the case didn't studied the case so was not aware of all the facts. He just got the file few hours back only. Now you can understand about his preparation and how would he represents the case.
I don't know whether he can take another date on first hearing or not but when asked he refused that supreme court never allow adjournment on first date. Is he right or not? I believe if there can be possibility of adjournment may be the decision will be positive if my case was represented properly.
Bhanu
(Querist) 24 May 2018
Thanks for the responses. And very sorry if anyone hurt by my query. T. Kalaiselvan, Advocate Sir I am not doubting about the knowledge of any Advocate but in my case the advocate was not present on the case date and that too without informing me. Secondly the other advocate who represent the case didn't studied the case so was not aware of all the facts. He just got the file few hours back only. Now you can understand about his preparation and how would he represents the case.
I don't know whether he can take another date on first hearing or not but when asked he refused that supreme court never allow adjournment on first date. Is he right or not? I believe if there can be possibility of adjournment may be the decision will be positive if my case was represented properly.
Bhanu
(Querist) 24 May 2018
Thanks for the responses. And very sorry if anyone hurt by my query. T. Kalaiselvan, Advocate Sir I am not doubting about the knowledge of any Advocate but in my case the advocate was not present on the case date and that too without informing me. Secondly the other advocate who represent the case didn't studied the case so was not aware of all the facts. He just got the file few hours back only. Now you can understand about his preparation and how would he represents the case.
I don't know whether he can take another date on first hearing or not but when asked he refused that supreme court never allow adjournment on first date. Is he right or not? I believe if there can be possibility of adjournment may be the decision will be positive if my case was represented properly.
Bhanu
(Querist) 24 May 2018
Sorry for the duplicate responses... It might be some technical error
