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Deepak (Nil)     24 May 2024

Certified copy

Dear Learned Advocates,

I request your sincere advice for problem I am facing.

I am the Respondent in a DVC Case. I have been facing some problems with my advocate since some time due to which we have not been on talking terms. It has worsened such that my advocate came late for my Cross Examination and told the Judge that I was at fault by blaming me for not coming to his office for preparation of Cross Examination (Because of the issue faced with the advocate, I could not approach him). 

I (The Respondent) had completed my Cross Examination 3 weeks back but due to the issue faced with the advocate, I was forced to apply for the Cross Examination Certified Copy as Party In Person. I had submitted the Application Form to the Office and had later gone after a few days to check my name in the Call For List for making the payment. As I had checked the list, I noticed that the CA No alloted to me had my Advocate's name instead of Party In Person, along with another CA no filed earlier by my advocate for the same document. and the officials told me that the amount for both the CAs was already paid by my advocate (thereby harassing me by preventing me from getting access to my Cross Examination Copy and creating a situation where I have to ask him for my Cross Examination Copy)

When I had enquired about the incident, I was told that my advocate argued with the office staff stating that his name was mentioned as Advocate On Record and questioned the staff about how the Party In Person (I.e me) could apply for the Certified Copy when his name was mentioned as the Advocate On Record (In a DVC case)

My question is whether there are any particular rules/laws stating that in a DVC Case, the Certified Copy of Cross Examination (or any other document) cannot be given to the Party (Respondent in my case) when the Advocate on Record is still present?

Also please suggest me how to get my Cross Examination Copy without going to him such that he prevents me from gettng my CE Copy?



 3 Replies

T. Kalaiselvan, Advocate (Advocate)     24 May 2024

First you issue a legal notice to your advocate intimating him that you have terminated the vakalatnama given to him and ask him to furnish NOC.

Secondly, you appear before court and submit a memo to the judge stating that the court staff have given the copies of the documents that you requested and paid fees as party in eprson hence to insturct the staff to furnish the certified copies of the desired document by obtaining a fresh copy application from you.

You can submit the copy of the legal notice terminating the vakaltnama before the court along with the memo

Deepak (Nil)     25 May 2024

Thank you for the reply Kalaiselvan Sir

T. Kalaiselvan, Advocate (Advocate)     25 May 2024

You are welcome for your appreciations Mr. Deepak

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