Withdrawal of writ petition

Querist : Anonymous (Querist) 11 September 2011 This query is : Resolved

My query is extended part of this query

http://www.lawyersclubindia.com/experts/details.asp?mod_id=89726

When an advocate informs the justice/court that I want to withdraw the Writ petition either orally or through a written application

the court will issue appropriate order that on the request of advocate for this reason..... the Writ is withdrawn

Now my query is will court come out with WRITTEN order or it will be just comment on case file

further more the consent of petitioner is necessary for withdrawal YES / NO

Can also enlighten me when an petitioner has not given consent on Withdrawal What is the procedure then

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adv. rajeev ( rajoo ) (Expert) 11 September 2011
Even submission and filing of a memo by the petitioner's advocate is sufficient to withdraw the petition. Court believes an advocate

Kiran Kumar (Expert) 11 September 2011
the entire set of authority given to a lawyer is mentioned in the power of attorney signed by a litigant in favour of a lawyer.

if there is a professional misconduct on the part of counsel then you may approach Bar Council.

you may go for restoration of Writ Petition after taking appropriate steps or may file a fresh one with better particulars.

mahendrakumar (Expert) 11 September 2011
what could be the remedy available to the petitioner in such cases,if he has not given the consent and the advocate had done it without the clients consent?

Guest (Expert) 11 September 2011
I agree with the advice of Shri Kiran Kumar.

Reply to Shri Mahendra Kumar's question is also covered in Kiran Kumar's reply, as he has already mentioned to approach to the Bar council for professional misconduct of the advocate and also to file a fresh petition with better particulars.

Advocate Rajkumarlaxman (Expert) 11 September 2011
I agree with our expert Kirankumar. Filing an application for restoration and stating that the lawyer was to be retired from the case can restore your WP

prabhakar singh (Expert) 11 September 2011
i too agree with Mr. Kiran Kumar.

Querist : Anonymous (Querist) 11 September 2011
Thanks to Kiran Kumar

I think Power of Attorney is Vakalatnama you are referring to. now a typical vakalatnama says as ""to act, appear and plead on my behalf in the above Petition. ""
here in "my" refers to petitioner

now this act appear and plead will allow advocate to Withdraw the writ without consent from petitioner

also I will be more thankful if you could further elaborate on appropriate steps for restoration of Writ petition

girish shringi (Expert) 12 September 2011
If the withdrawal is without the consent of the petitioner,advocate can not withdraw it,and if the Lawyer did the same you can object his integrity in the case and approach the Bar.

If you want to restore the writ you can do that with the reasoning,in any case the court rejects the grounds of restoration,you can file as fresh one.

ajay sethi (Expert) 12 September 2011
no advocate will unless he has been given instructions, withdraw a writ petition against wishes of his clients .

if what you say is true and advocate has wrongly withdrawn the petition what steps have you taken against said advocate . ?
have you by letter pointed out that no such instructions were given for withdrawal?
have you lodged complaint with bar council .
if you take out any application for setting aside order of withdrawal then in such a case you have to make out a case against said advocate .

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