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G. ARAVINTHAN (Legal Consultant / Solicitor)     19 August 2011

Exonerate plaintiff's counsel

Defendent files a petition against plaintiff and plaintiff's advocate under Section 340 Cr.P.C.

Can defendant file any application before Court direcdting the Plaintiff's Counself to retire from the case?



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 2 Replies

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     20 August 2011

This prayer can be allowed, when it can be shown that it is the counsel which is making the facts and the litigant is not giving him those facts (whether true or false) to fight the case.

 

I have seen atleast one case, where the litigant stated on oath that she is being mislead by her lawyer and the court directed the counsel to withdraw and provided another counsel to the litigant.

Shastri J.K. (Practice in The High Court of Chhattisgarh)     23 August 2011

This prayer can be allowed,but it must be proof.


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