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Mohan Patil (Research)     23 May 2012

Partition suit

I have filed partition suit in july 2009. The notice reached my brother but did not reach my sisters for a very long time. My brother did not come to court. My lawyer frequently asked me why my brother is not coming to court. In January 2010 I told my lawyer "I will write to the judge if notice fail to reach my sisters" In february all the notice reached. I went to the court for evidence. On the date my lawyer opened file and told me we need original copy of Diary Utar. I arranged that. The next date he asked me Vatni copy. I arranged that. Like that he passed time and finally after the delay of 6 months he told me we have to put the legal heirs names of one of my died sister. Initially he told it is not necessary to add those names. He took another 3 months and added the names. Again the notices did not reach them till January 2011. I again told my lawyer I will give complaint to the judge. Then the notices reached. One of the legal heir of my died sister is minor. To appoint court guardian my lawyer took 3 months and the court guardian is a daughter of my brother's lawyer. My brother is ex-party but my brother has a lawyer in other court cases. Meanwhile judge took a long leave due to health problem but whenever he use to come to the court my lawyer use to give some or the other reason to delay the case. 3 years are over and nothing has comeout. My lawyer never told me how much fees I have to pay. He simply tells "if you spend more your work will be done fast otherwise it will be delayed" My sisters are with me and they are ready to give there share to me. My brother is ex-party. Therefore the decision is very simply. There is no contest. The lawyer is simply delaying to extract more money from me. I want to give complaint agaist this lawyer to the judge and also to the Bar association. Kindly advise. 



Learning

 2 Replies

Adv Archana Deshmukh (Practicing Advocate)     23 May 2012

You can file an application in the court revoking the vakalatnama of your existing lawyer and seek permission to appoint a new lawyer.  Find a new lawyer who is trustworthy.

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S Jadhav 98336 98330 (Jadhav & Associates)     23 May 2012

You can appoint another lawyer by giving vakalatnama in the new lawyers name.

Please ensure that you write to your current lawyers that you are revoking his vakalatnama. You need not get his NoC as it is not necessary under the Advocates Act, 1961. You may also mention the past instances due to which you have had to take such a decision and action.

S Jadhav

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