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manmeet singh (self employed)     08 August 2014

Can approached to higher court as appeal

In a writ petition my counsel withdraw the petition without my concern and high court has given liberty to refile fresh petition then can i approach to SC against said order with pray to give desired remedy in writ petition



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Ashok, Advocate (Lawyer at Delhi)     24 August 2014

Since you have stated that the petition was withdrawn by the counsel without your consent (with liberty to file a fresh petition), it may be advisable for you to file either a fresh petition in High Court as per the liberty granted, or to file a review petition in the High Court bringing this fact to the knowledge of the High Court that the counsel did not take your consent for the withdrawal and requesting the High Court to decide the existing petition on merits. If the High Court dismisses your review petition and does not entertain it, then you can challenge it before the Supreme Court through SLP. In that case, the Supreme Court may either remit the case back to the High Court to decide the existing petition on merits, or it may itself decide the case, or it may dismiss the SLP (in which case, you should still have the liberty to file a fresh petition before the High Court).


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