No Obection by Lawyer

Querist : Anonymous (Querist) 19 November 2010 This query is : Resolved
I had asked my lawyer to give No Objection after settling his account and after assuring me that he will be giving me the follwing day he went to the court next day and withdrew my case. Can the court order for withdrawl without the signature of the plaintiff ? What action I can take against my lawyer ?

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Devajyoti Barman (Expert) 19 November 2010
The court can not allow the pettion for withdrawal of case without the signature of the plaintiff. The court even ask for physical presence of the plaintiff at the time of disposal of such petition. File a petition u/s 151 cpc for recallng that order or else file Revision.

adv. rajeev ( rajoo ) (Expert) 20 November 2010
In case withdrawal of case normally court asks for the memo signed by the party and an advocate and it asks for the presence of the plaintiff.
Issue notice to the advocate claiming the damages and also write a complaint to the state bar council.
Which suit you had filed? If it is within limitation file another suit or file an application u/s 151 to recall the order stating the advocate's behavious

Advocate. Arunagiri (Expert) 20 November 2010
I agree with Mr.Rajoo.

s.subramanian (Expert) 20 November 2010
I agree with Mr.Barman and Mr.rajoo.

Kirti Kar Tripathi (Expert) 20 November 2010
in case the advocate moved the application for withdrawal without the consent of party, it amount professional misconduct. you can move for action in accordance with law and can also complain Bar Council of State. but first of all you move an application before the court for withdrawal of application moved by your counsel withdrawing the case.

Chanchal Nag Chowdhury (Expert) 20 November 2010
Inform the court. Complain to the State Bar Council.

Advocate Rajiv Mishra (Expert) 20 November 2010
it is a seveare misconduct of ur advocate, inform the court & complin to bar counsel,

Parthasarathi Loganathan (Expert) 20 November 2010
You need to check up and ensure as to whether at any point of time you have signed Full Satisfaction Memo routed through your counsel.

Sri Vijayan.A (Expert) 20 November 2010
Complain to bar council
I agree with Mr.Barman and Rajoo

Khaleel Ahmed (Expert) 26 November 2010
Advocate can not withdraw the case without the consent of the party. Really if he did so, you can file a cheating case against your advocate, you can file a complaint before State Bar Council, you can file a consumer case also before the forum or commission as there was a deficiency in services.