Can and advocate withdraw amendment application
Ajay
(Querist) 23 November 2013
This query is : Resolved
Can an advocate withdraw amendment application without consent or apporoval of client in court
Advocate M.Bhadra
(Expert) 23 November 2013
No, but if the Vokalatnama already executed in favour of existing Advocate and the concerned Advocate may consider it for the interest of his client. If you cause damages in the suit then you can change your lawyer.
Ajay
(Querist) 23 November 2013
we already lost case due to withdrwal of amendment application as that was main plaint now we change advocate and file review engaging another advocate,we dont know whether review will be accepted or not,can we file application in review to recall amendment application file in original SA,if yes under which section?
R.K Nanda
(Expert) 23 November 2013
he cannot do it.
T. Kalaiselvan, Advocate
(Expert) 24 November 2013
I do not think there is any provision or if the law will permit you to do so because you had ample chances to fill up the said lacunae i.e., to carry out the proposed amendment, you were very well aware that your advocate withdrew the petition for amendment, you could have changed your advocate if you found him not to favor your case instead you had waited for the outcome of the case and once you found that it is not favoring you (judgment), you have resorted to play a blame game, this is not justified.
Ajay
(Querist) 25 November 2013
i was not aware that we can object to our petition which was withdrawn by my advocate even i change my advocate for review also he did not tell me any thing,i contacted 3 to 4 advocate but no one told me to challenge it.
last week i met an advocate who only told me to chalenge it otherwise i could never raise this point.It is duty of other advocate to guide me but no one guided.
