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gagandeep (prop)     09 May 2009

dismissed in default order

ld.council kindly reply this:a prectising lawer who is also defending a case against me is not allowing me to enter court premises,threatening me,giving blows to me,i have filed application for transfer of cases outside my town to some other court before district judge which is pending for last four years in the meanwhile some of my  complaints are ordered to be dismissed in default although i have informed court regarding pendency of transfer application,i am not in a position to file any further application in court as none of lawers is ready to represent me kindly suggest what options are available for me,regards gagandeep


 8 Replies

MANISH (Advocate)     09 May 2009

Dear Gagan,

It is shocked to hear that the case for transfer of the case is pending before the District Court for the last four years.

You may file a writ petition before the High COurt of Your State informing about the facts of the case and requesting about the transfer of the case in your prayer.


gagandeep (prop)     09 May 2009

thank u munish for our reply,is there an other option available? 

n.k.sarin (advocate)     09 May 2009

I think Mr. Manish rightly suggest you.

Swami Sadashiva Brahmendra Sar (Nil)     09 May 2009

mr. manish is right. further added that high court may not believe in your story. pendency of TA does not autometically restrains the subordinate court to not to proceed in the case. in circumstances disclosed by you, i think you should approach to bar association for appropriate help for you protection. it is unbelievable that no lawyer is ready to contest a case against a lawyer.

adv. rajeev ( rajoo ) (practicing advocate)     10 May 2009

Mr. Manish is rightly advised.

gagandeep (prop)     19 May 2009

thank you for your valuable advice,is there any more suggestion ?

Srinivas.B.S.S.T ( Advocate)     19 May 2009

 Write a letter to the Chief Justice of the concerned High Court and mark the copies of the same to registrar, High Court and the Concerned District Judge. Do mention the date of filing of the transfer petition, its number and other relevant information. 

B.N.Rajamohamed (advocate / commissioner of oaths)     21 May 2009

Right to be defended in court isa fundamental right guaranteed to all the citizens by the constitution of India. If you are been prevented from proceeding further you can file a complaint before the Bar council of your state against the erring lawyer for adopting this kind of unfair practices. Further you can file an appeal before the high court against acquttal.

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