Guest
(Expert) 11 December 2014
Additional Vakhalat to be Filed by new advocate with the Consent Signed by Existing Advocate.
Dr. Shekhar
(Querist) 11 December 2014
Dear Mr Rajkumar, Can you kindly clarify with the law which says so. Because what if the old advocate is busy or is not cooperating?
Dr. Shekhar
(Querist) 11 December 2014
Also as a last resort can the applicant himself appear and file the evidences in case his advocate does not appear because it is the matrimonial civil case where the case can be pursued even without the advocate?
Guest
(Expert) 11 December 2014
Send A Registered Letter by Post to the Concerned Existing Advocate thro your Client Stating His Decision to Change the Advocate and request For the Consent and if No Reply along with the Proof of Letter Sent The New advocate could File the Vakhalat.This is Normal Procedure in High Court.In Criminal Cases Even this is not Mandatory and the other advocate Could appear by filing The Vakhalat.As per your statement If the Applicant wishes to be Party in Person he could even do it by orally mentioning the Court in Family Courts
Dr. Shekhar
(Querist) 11 December 2014
So as you say since its Family court case and if the advocate does not appear in court or is not cooperating I can myself appear and take some other advocate atleast as my friend accompanying me. Is it correct?
Devajyoti Barman
(Expert) 12 December 2014
Regular professional query from the author.
Sailesh Kumar Shah
(Expert) 12 December 2014
You can proceed as advised by the learned expert sh. Njs rajkumar.
T. Kalaiselvan, Advocate
(Expert) 15 December 2014
If your advocate is not cooperating or handling your case properly, you can either ask him to give his no objection and engage another advocate, in case he reuses, you may appear in the court in person and express your decision to change your advocate or discard your advocate and appear as as party in person in your case.
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