Upgrad LLM

execution proceedings


                                                            URGENT URGENT URGENT URGENT !!!!!!

Dear Members,

Kindly solve my query.

I filed a civil case under Order 37 of Civil Procedure Code (Summary Suit) for debt-recovery against a company & its proprietor.
The suit was partly-decreed in my favour by the H'nble Court.The defendants were Ex-Parte.

My Lawyer flied an execution petition vide Darkhasth Application.The defendents/respondents started paying the decretal amount on monthly-basis after appearing in court & pleading the judge about their financial condition.
We agreed to the payment by defendants on monthly-basis.After 5 months,they stopped paying the amount !
Almost every month court sets a date for hearing the progress made in the Darkhast application filed by my Lawyer for the execution of the Decree.In Feb of 2014 I had a court-date for this Darkhasth , but my lawyer didn't turn-up. Subsequently,in March & April dates also my lawyer didn't turn-up citing some excuses. Also,the defendants stop paying the decretal amount on monthly-basis as agreed earlier.

NOW, the status quo is only 60% of Decretal Amount has been paid by the Defendants.They are not making any payment since Feb,2014. My Lawyer is not attending my court-hearings nor responding to my calls.
Finally,fed-up with my Lawyer's attitude I decided to appoint  a new Lawyer.The New Lawyer says he needs NOC (No-Objection Certificate) from my Previous Lawyer in order to file Vakalatnama to appear in my case.
I tried to talk to my previous Lawyer,now he says he needs more fees only then he will continue in my case.
I told him to give NOC & my original case-papers, he says "Pay my balance fees first" !
Also,I have paid him 80% of the Total Fees(as agreed before filing of the Suit),but yet he insists for full-fees even for giving NOC & my original case-papers !
I have a doubt that he may have sided with the Opposite Party .

What remedies are available to me,in case I need NOC & my original case-papers from my Past Lawyer ?
Suppose my past Lawyer doesn't give me NOC , in that event can I argue my case with help of new Lawyer by invoking Section 32 of THE ADVOCATES ACT, 1961. Will the court permit me to do that ?

If court doesn't permit my new Lawyer to argue case on my behalf without N.O.C. from my Previous Lawyer, in that event can I argue my case myself ? If yes,kindly cite the relevant provisions under Advocates Act/Constitution of India.

Please  help  !!!!!

Aggrieved Soul.


Move application after notice to Advocate on record before same Court with prayer (a) To discharge Advocate on record

(b) permit to engage New Advocate or in alternative to permit party to aruge his/her own case without Advocate




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