URGENT URGENT URGENT URGENT !!!!!!
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 !!!!!