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Procedure to cancel Vakalth

(Querist) 09 April 2009 This query is : Resolved 
what is the procedure to be adopted in filing a change of vakalath when the previous advocate on court record refuses to make 'no objection' endorsement ?
Y V Vishweshwar Rao (Expert) 09 April 2009
The Previos Advocate should be served with a notice informing that the party is intednign to change the Advocate , and then the party can change the advocate and get his no objection on vakalath , if no obection is not endorsed by the Advocate , the same can be submitted beofere the court and by Notice the court Will enquire with the prevoius Advocate and allow the New Advocate and record the representions made by the previous Advocate. The New Advocate will be allowed to represent the Case .
Kiran Kumar (Expert) 09 April 2009
its right serve him with a notice and convey your intentions for change of counsel.
N.K.Assumi (Expert) 09 April 2009
Dear Sir, Vishweshwar Rao, thank you for the valuable information.
M. PIRAVI PERUMAL (Expert) 09 April 2009
I AGREE WITH THE VIEWS OF MR. RAO.
sanjay singh thakur (Expert) 09 April 2009
Dear Ashey
If your Advocate refuse to give you No objection then in that case you will have to file I.A. in the concerned High Court. However, if the matter is pertaining to any other Court then you can change your Lawyer after giving in writing to the court.
Regards.
K.C.Suresh (Expert) 10 April 2009
Refusing to give the NOC for no reason is professional misconduct. Just get the permission from the court and file new Vakkalath. If there is refusal to grant NOC by an Advocate that will be looked into by the Court.
Ashey (Querist) 10 April 2009
thanks each and every learned friends ...


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