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Pending partition suit for final decree for many years

(Querist) 11 February 2015 This query is : Resolved 
Sir,

I am contesting my partition suit for last 24 years and I am entitle for 2/3rd share in my mother property. The case has become final and shares have been declared at the level of Apex Court and now pending for final decree. The other party is playing mischief by prolonging the case. The other side advocate of other party is trying to involve my advocate in cooperating to prolong the case. This is going for a long period. As per Order III of CPC a litigant has to hire pleader on his behalf to represent in the court and my advocate is not doing the duty. I am worried I may not be able to get justice and my case will be dismissed.

Please tell me when the court suo moto appoints amicus curaie to help to dispose the case. Do I have a right to plead my own case in the civil court to protect my rights.

Please kindly advise and oblige.

MSN


Devajyoti Barman (Expert) 12 February 2015
If you are not satisfied with the service of your present lawyer then you can always change him.
Without knowing the reason of delay further advice on this account can not be given.
ajay sethi (Expert) 12 February 2015
you are at liberty to change your advocate . you can plead your own case too
Rajendra K Goyal (Expert) 12 February 2015
You can plead your case yourself if you are well versed in law and procedure.

Better change your lawyer if you have no confidence.
T. Kalaiselvan, Advocate (Expert) 15 February 2015
Instead of hanging around the lawyer on whom you appear to have lost confidence, better change the lawyer or move an application before the court stating that you would retire your lawyer and may be permitted to appear as party in person and then you start moving your case as fast as you can.


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