Complaint in Bar Council Karnataka against lawyer
Querist :
Anonymous
(Querist) 21 March 2010
This query is : Resolved
I appointed a lawyer and filed suit in Mangalore in Jan, 2007. Lawyer did not attend Court and therefore I lost the case in October, 2007. Lawyer was surely bribed by the opposite party. Lawyer always kept saying that case is still running. I came to know that judgement and decree has been done only in April, 2009. i.e. after 17 months.
Law of Limitation for appeal in High Court is 60 days. I have appealed in High Court and have asked for a Condonation of Delay CD of 15 months specifying very clearly about the corruption of my lawyer. I have prayed that the suit should be sent back to the Mangalore Civil court, so that I can get justice. The suit in Bangalore High Court is currently pending for admission.
If I win this appeal and my prayer is granted, I have no problems. I will be able to fight my case again in lower court with a different lawyer.
But, if I lose this appeal due to law of limitation for appeal, I want to file a case in the Bar Council of Karnataka in Bangalore against my lawyer.
In this case, what is the start date for counting the Law of Limitation of two years to file a case against lawyer for deficiency of Service? Is it the day I came to know in April, 2009 Or the date of the judgement of this Condonation of Delay filed in the High Court?
I do not want to file complaint in Bar Council right now since I am in Mangalore and Bar Council is in Bangalore and I do not want to fight two cases simultaneously.
Thanking all in advance for your esteemed answers.
RAJENDRAN K.M. 09443050520
(Expert) 21 March 2010
U don't waste ur time,because u can only prove ur lawyer get bribe from ur opposit.
Querist :
Anonymous
(Querist) 22 March 2010
Thanks Adv. Rajendran.
But in the Judgement, it is clearly stated that "The lawyer of the plaintiff has not attended Court and has not fought the case and therefore the case is decided in favour of the opposite party".
Also, my lawyer is marked as absent on five occasions when hearing was scheduled over a period of 10 months.
It is very clear even for even a layman to infer. I want to file case in Bar Council in Bangalore.
Based on these facts, please give your suggestions.
Thanks and regards.
Gulshan Tanwar
(Expert) 22 March 2010
You have to file 25 copies in the respective Bar Councils first and then the cost of sending them to the respective persons through three means - AD/Speed Post and Registered Post and then a date will be given to you and after that you will be getting "delayed dates" only.
On the other hand, u can go to consumer forum and can get compensation which could be more than the cost of the suit which u have lost.
Just one question: Whether u have taken receipt from the concerned lawyer and what amount was remaining on your side?
If any amount was remaining on your side, then please go through the last line of the Vakalatanama "{subject to fees)".
Rest is your luck and if u have lots of time, then enjoy another court... The concerned lawyer can take you up to Supreme Court in this regard, just remember!!!
When u have filed the complaint, then please keep all of us reminded about the same.
In the entire history of India, only 9 lawyers have been punished "lightly" by the court and those even on gravest charges and your charge - doesnt falls into that category.
I am not demoralising you but showing you the path full of thorns.
