Does an advocates’ false statement or reply bind his client before court
Divya
(Querist) 07 June 2013
This query is : Resolved
Dear Experts
I had filed a criminal revision application before a sessions court and I am the original complainant.
The matter now has crossed the stage where both the applicant and all respondents (original accused) have filed their written arguments before the court.
But the argument filed by respondents (several in numbers) seems to be totally out of context, weird and grossly misleading and immature to mislead and do fraud on the court.
I am sure that the written arguments filed by the respondents is not approved or even read by all respondents. "Respondents also includes top management of a leading bank."
Can I file an application before the sessions court to get in writing from all respondents that they agree to the written arguments. I need to take some similar step as I will be taking the matter to a high court..
Please suggest me some action wherein I take confirmation from all Respondents with the help of the court so that the Respondents agree to the statements & arguments filed by their lawyer so that in future none of the respondents take their hands back for being unaware of their lawyers’ written false and misleading arguments. The matter is very serious.
Adv Archana Deshmukh
(Expert) 08 June 2013
It would depend upon the contents of the written arguments, if they are contradictory to the pleadings of the parties and bear only advocate's signature, then you can request the court to verify the same from the parties.
Guest
(Expert) 08 June 2013
Unless the respondents contradict the statement of their advocate they are bound by the advocate's statement. If you have some proof against that, you should specifically point out that and request the court to get that statement verified from individual respondents.
Divya
(Querist) 08 June 2013
Thankyou Archana Mam & Sir Dhingra too..
Trouble Logging in? Try following the given steps -
1. Visit your inbox to find a confirmation mail from LAWyersClubIndia.
2. Click on the confirmation link and confirm your signup