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Changing advocates

Querist : Anonymous (Querist) 27 October 2018 This query is : Resolved 
What if a hired advocate results non performing and denies for NOC, the party has paid fee to which he heavily charged, but now escaping from responsibilities and not responding to required merits. here the law is devoid of interest of party, can the party appeal for change of counsel directly before practicing session or HC judge?
KISHAN DUTT RETD JUDGE (Expert) 27 October 2018
Order 3 of Civil Procedure Code gives aggrieved persons the right to choose one’s pleader. Therefore changing of pleader with the leave of the Court is possible. The new pleader should submit a duly signed Vakalatnama to the court. Hence it is possible to change one’s pleader. In a few cases problem arises with the case history. If the pleader fails to give it to the client, the client can apply for the order sheet by an application to the Court.
Please mark “LIKE” if satisfied by my answer.
Dr J C Vashista (Expert) 28 October 2018
What is your locus standie to the case ?
Why did you conceal your identity and expect obligation of experts on this platform, which is against rule of the site?
manoj (Expert) 28 October 2018
Recently, as per the Apex Court guidelines, NO OBJECTION IS NOT NECESSARY from the former advocate. If the former advocate is not giving no objection for your case, the client can approach a new advocate for contesting the case. If any fee is due the former advocate can file case against you for fee.

V E MANOJ KUMAR
ADVOCATE
CELL NO 8686159292
Isaac Gabriel (Expert) 28 October 2018
@ Expert Manoj, can you upload the nudgement as it will be useful to others also.
P. Venu (Expert) 28 October 2018
Yes, you can bring the matters to the notice of the Court and engage another lawyer.


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