Civil suit - appeal

B Singh (Querist) 19 January 2013 This query is : Resolved
Court has given interim stay on joint inherited family property. The court passed orders for stay almost 4 months back which my advocate informed me recently and its next date is during the first week of February, 2013. Till date my advocate had not filed for appeal and also avoiding the same. My query is that if at this movement I go for change of advocate and give my case to new advocate can court give time for appeal which was to be filed within one month and will it make any effect if changing of advocate. Please advice

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Devajyoti Barman (Expert) 19 January 2013
Change of advocate on wrong advice is a good ground for condonation of delay.

prabhakar singh (Expert) 19 January 2013
Why did not you maintained your old thread.Not every wrong advise of advocates on clear pictures of law can afford a ground of condonation.It must be point that should not have emerged to a conclusive stage by judicial precedents and there should be conflicting decisions by courts on the point so that a lawyer can not arrive at any single conclusion.

Raj Kumar Makkad (Expert) 20 January 2013
Law of limitation in such matters is very liberal so file appeal enclosing application under section 5 of Limitation act but the ground told by you is not so solid as you anticipate.

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