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Mohan Patil (Research)     22 January 2011


I have filed a partition suit. There is a delay in serving notice to defendants. The most important defendant is my brother and he did not come to the court. Therefore it will be ex-party decision. Other defendants are on my side. My lawyer must have asked me 10 times why my brother is not coming. His main interest is my brother should come to court and the case should continue for 10 years and he can earn money. So probably he is delaying by giving some or the other reasons. Already 18 months are over and still notices are not reached. When I told my lawyer that I will give complaint to the judge he told me notices are now served. But now he is telling he is not interested ind defending my case and asked me to look for another lawyer. What are the options in front of me? 


 4 Replies

Adv Archana Deshmukh (Practicing Advocate)     22 January 2011

Find and engage another lawyer....

S. Bharath (Advocate and Arbitrator Formerly Civil Judge)     22 January 2011

You may engage another lawyer, but in the first place you need to get a "no-objection" from your present advocate for this purpose; if he refuses to do so, you may engage the new advocate with the permission of the court. Else, you may conduct the case yourself [as party-in-person]. It is better to know the present status of the case by getting hold of copy of the docket orders, by making a copy application to the court.

uttamkadam (Lawyer)     22 January 2011

pls consult with another senior good advocate

satyajit (Law Officer)     29 January 2011

You may engaged another lawyear at your option.............

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