Violation of advocate act
Balaji Bakthavathsal
(Querist) 26 January 2018
This query is : Resolved
Dear Learned Lawyers,
A property was partitioned in the year 1959 by the absolute owner of the property into two parts and the legal heirs are living over there peacefully in their respective portions partitioned. While so, in the year 2010, a fraudulent person files a false partition suit in the lower court without establishing any relationship to the family or property or submitting any documentary evidences in support of the claim for partition. Now, the trial is taking place. The plaintiff has been cross examined. However, the plaintiff is delaying in producing the witness. So far, two witnesses have been cross examined which took almost 3 months as the hearing had to be adjourned since the plaintiff was going on seeking adjournment by producing false medical certificate of witnesses in the court, thus harassing the genuine legal heirs with the clear objective of grabbing money from the genuine legal heirs.
The advocate of the plaintiff is a black sheep amongst the noble profession. He had violated the basic ethics of the Advocates Act 1961 which states that No Advocate can act upon simply on the verbal instructions of the client. Further, as an advocate, he should be aware that there cannot be a second partition when already a partition has been effected on the property. It is obvious that the advocate is not following the ethics of the profession and I want to send him a legal notice before I file a complaint on him. At this stage of my suit, can I send legal notice to the advocate or does it amount to threatening of advocate ? Please advice me.
Thanks & Regards
Balaji
rajeev sharma
(Expert) 27 January 2018
Your anger must be against the person who filed a suit against you. The , whether it is false or not is to be dicided by the court. An advocate always act on the instruction of the client. Written instruction means that there should be a written power of attorney in favour of advocate, it does not mean that every instruction from the client to advocate be in writing. The adjournment in the case too are sought on the instruction of the client . An advocate has no means to know whether a witness is really sick or not if he is presented with a sickness certificate of that witness. Challenge the adjournment with proof if you think that the sickness certificate is false.
Balaji Bakthavathsal
(Querist) 27 January 2018
Thanks Shri. Rajeev Sharma. I have a small query. If my father had written a will saying that he has got rights on Ambani's property and based on the will, if I seek partition excluding Mukesh & Anil Ambani in the suit, is it right on the part of the Advocate to file the suit without verifying the documents whether I am one of the heir of Ambani, what document do I possess etc.
Dr J C Vashista
(Expert) 28 January 2018
Onus to prove claim lies on the plaintiff, otherwise, the suit is liable to be dismissed.
However, no one can stop filing a "frivolous" suit, for that subsequently the defendant may file another suit for compensation and/or complaint before magistrate for defamation.
