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rajiv_lodha (zz)     27 November 2011

Changing the advocate.....midway

Next date for my divorce case is approx. 1 month away. I have lost faith in my previous advo as he is overworked & not taking the case seriously, case is for sec 24 arguments. i want that he shud put application u/s 91 to summon record of her emloyment+salary from her office. But U know, advo is reluctant & preoccupied. I want to change him & do not want to waste this date too.

Is it allowed that new advo. submits vakaltnama in between i.e before the coming date OR Is this so that new advo. can submit vakaltnama on that very date only? wats the law says?



Learning

 15 Replies

Sanjeev (Lawyer)     27 November 2011

There is no bar on changing the lawyer midway the new advocate whom you appoint can file vakalatnama and appear on your behalf on the next date.

V R SHROFF (Sr. ADVOCATE Bombay High Court Mob: 9892432152)     28 November 2011

Rajv,

I Agree with Sanjeev, u can file VP of new Adv on next date

take NOC from present  Adv , as it  is civil matter. [in Cr  noc not reqd]

rajiv_lodha (zz)     28 November 2011

Perhaps I need to clear more. Moot point of query is "can this change of advo happen on next date or in between b4 next date?"

Like: say...... date is 23-12-11. I want that new advo shud argue it on 23-12-11 & not the old one. If new one submits the vakaltnama on 23-12-11, judge will give next date for argument. I donot want to delay the matter. I want to say good-bye to the previous one, the new advo submitting vakaltnama on 12-12 or 13-12, prepare for argument & do arguments on 23-12-11.

Plz guide!

sheela subbarao (Advocate)     28 November 2011

You can file an application under RTI to your wife's employer to furnish the documents pertaining to her employment. In the meantime, you can seek time from the court for changing the advocate. There is no problem in changing the advocate.


(Guest)

Dear Rajiv , 

You can change the Advocate by obtaining a NOC from your previous lawyer .Apart from this you yourself can  put an application all by yourself under section 91 asking for whatever documents you want with just your signature .As a matter of fact you can even sumbit your written arguments yourself  with only your signature .Wish you all the best .!! 

Aishwarya (Teacher)     28 November 2011

yes one can change a lawyer a number of times.

.but do take care that you dont hurt the lawyers ego as they do hit back at times, doing things they are not supposed to do to their clients on ethical grounds..

rajiv_lodha (zz)     28 November 2011

Thanx all 4 giving helping hand, but sorry there is a miss>>>

I very well know, that......... I can change lawyers a number of times as per my wish, NOC has to be taken, how to obtain wife's record, how to appear party in person etc etc, I never want more clarification on general points!

Only one point emerges: Whether vakalatnama of new advo can be submitted b4 the next date or it is a law that he can submit it on next date only?

Be specific plz. thanx!

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     29 November 2011

It has to be accepted on next date by the court. But if the new lawyer is confident, then there won't be any delay in the proceedings.

 

BTW, CrPC 91 has no scope in HMA 24 application.

 

 

Regards,

 

Shonee Kapoor

harassed.by.498a@gmail.com

1 Like

disilva (junior officer)     29 November 2011

Dear Shonee Kapoor ji,

If Crpc 91 has no scope in HMA 24 application then what is the way forward to summons the records of the Petitioner who is denying her employment  before interim maintenance is passed thereby causing miscarriage of justice ???

How can we bring the facts of her employment on  record to be considered before interim maintenance is passed .???

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     29 November 2011

Witness Summons.

 

 

Regards,

 

Shonee Kapoor

harassed.by.498a@gmail.com

rajiv_lodha (zz)     29 November 2011

Thanx Shonee,

meanwhile i also got feedback from an old buddy on my query, just to add & to make the things clear for the needy here:

The change of ur lawyer is to be mentioned in Zimni too, so this can happen only on next date & not before that (in between)

As the 2nd discussion came in between, can Sec91 be used in Sec 125 case? Same grounds.

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     29 November 2011

Yes it can be used in CrPC 125.

 

 

Regards,
 
Shonee Kapoor
harassed.by.498a@gmail.com

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     29 November 2011

Also, when I replied that it would be effective on the next date, I also meant the same. Refer to my earlier reply.

 

 

Regards,
 
Shonee Kapoor
harassed.by.498a@gmail.com
1 Like

(Guest)

Be very careful with lawyers, I have suffered a lot..I have changed 5 lawyers..never show to the lawyers that you are afraid or dont know..read understand everyting...

THey can casuse serious problems to you and cause problems for you..

 

Regards,

Gautam


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