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Veerendra   18 January 2026

Original lawyer did not make the prayers/ pleadings specific . how do i proceed ahead ?

Greetings all eminent lawyers, 

Brief History :- Case of overbilling .in a Mumbai CHS 

There were 4 points of overbilling namely

  Commercial charges on a dental clinic (Issue of law) and three other gross overbilling points ( Issues of facts ) 

Finally I filed a case in co-operative court u/s 91 of MCS act. However the lawyer at that time did not mention all the points of overbilling in the prayers and he described them incompletely  in the pleadings. 

Later on my new advocate said that prayers need to be specific and finely chiseled so that at the end of litigation I get justice. 

Therefore we asked for an amendment in prayers. We only detailed the overbilling in the prayers. The trial court and appellate court rejected it on the grounds that conditions have not changed after the case was filed. 

My concern is that if prayers are not specific I may not get justice and years of litigation may go to waste if the prayers are not specific ? 

Should I suffer because the 1st lawyer did not draft and detail the prayers properly? 

Please let me know what are my legal options ? 

Hope to see many responses and many thanks in advance for the same.

 Regards, 

Dr. Veerendra Darakh.

 



 4 Replies

Dr. J C Vashista (Advocate )     19 January 2026

Any Court / Tribunal or Authority cannot assume and consider any issue / dispute / problem vis-a-vis prayer out of (beyond) case file.

If you / your lawyer missed out any vital information / prayer it may be inserted with the permission of concerned Authority / Tribunal / Court, where case is pending.

It would be better to show the case file to some other local prudent lawyer for proper appreciation of facts and documents, professional advise and necessary proceeding.

1 Like

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 )     19 January 2026

 It seems like you're stuck in a tough spot due to your previous lawyer's drafting issues.

Given the courts have rejected your amendment, you could consider: -

Filing a revision petition against the orders rejecting the amendment - Exploring if there's a possibility to appeal the decision -

1 Like

P. Venu (Advocate)     20 January 2026

You have the option to approach the High Court under Article 227. It is well settled that no party need suffer because of the mistake of his lawyer.

1 Like

Veerendra   21 January 2026

Dear all eminent lawyers,

Many thanks for the responses.
 
I would be GREATLY OBLIGED  if the forum provides links and citations regarding:
  1. Judgements where the courts have allowed amendments in prayers and pleadings due to improper and incomplete initial drafting.
  2. Judgements wherein courts have allowed amendments in prayers / pleadings even though no change in circumstances have occurred after filing of dispute.
  3. Judgements wherein courts have allowed refiling of dispute due to incomplete initial drafting.
Once again I would be GREATLY OBLIGED AND HUMBLED if the orum helps me.
 
My case is very strong. Why should I suffer if my lawyer has not drafted the pleadings and prayers properly.
 
Regards,
Dr. Veerendra Darakh.

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