Suit not tenable still going on

This query is : Resolved 

18 June 2019

I am defendant.
It is almost confirmed that declaration suit filed by a sham firm not tenable as one partner of the petitioner's firm of two partners died without naming legal heir and in evidence statement surviving partner almost confirmed that the firm was / i a sham firm and it never did any business.
One of the partners partner died in 2011,
Yet issues framed in 2013 for plaintiffs firm reads if plaintiff P1 the firm proves that it is a partnership firm, if the P2 and p3 prove that they are partners of the said firm where as P2 is already dead in 2011. Whether P2 proves that he signed the contract but P2 dead.
Was it not duty of the lawyers to bring the discrepancy to notice of the court.

Now for long time after PEV surviving partner has filed untenable IA and hearing going on. Case being prolonged to harass me.
Can I write directly to registrar over firm's non existence prior to issues were framed due to death of P2. Suit instituted by firm and disputed contract in the name of the firm.
For some reasons my lawyer seems to be not filing necessary objection.
I tried changing lawyers.

K Rajasekharan (Expert)
19 June 2019

You can change the lawyer anytime and file the objections through him. That is the right way to handle the issue.

Your lawyer is expected to follow your instructions and he has no other business to do in the court other than what you instruct him to do. You are paying for that and nothing else.

Dr J C Vashista (Expert)
19 June 2019

It would be better to change your lawyer.

krishna mohan (Expert)
27 June 2019

You can inform our lawyer about the fact in writing and ask him to submit before the court. Attend the next hearing and if not as per your instructions you can take the help of another able lawyer to defend your case correctly.

MahendraKumar.H.Trivedi (Querist)
09 July 2019

Thanks Sir

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