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shyam (nil)     03 April 2012

Reopening case due to lawyer's misconduct

As the lawyer

1)misrepresented and suppressed facts and

2) did not file chief affidavit

3) did not allow the defendent to appear in the court

4) exempted witnesses on the plaintiff from cross examination

the subcourt did not get a proper view of the money suit case instituted by a Bank and hence the court decreed the case against me by allowing the petition of the Bank to recover  the outstanding Balance as claimed by the Bank from my locked out and defunct company and the directors.

I want to know what sections of law will give  provision to reopen the case in the subcourt. The lawyer did not even inform me in time that the case was decreed in February and instead he misled me saying that the case is posted for hearing in the last week of March.

Is court fee mandatory for HC appeal in such a case? Does Monetary jurisdiction limitation constraint District Court to interefere? Since the case was conducted in a shady manner by the lawyer by colluding with the plaintiff , what provisions of law will allow the District Court to set aside the subcourt order and to order a remand of the case to the lower subcourt for fresh evidence and trial


 7 Replies

SSng Aulakh (Senior Ship Master)     04 April 2012

Please wait, do not worry, we have many honest and God fearing lawyers around. Someone wil certainly reply and guid you.


It is your duty to attend the courts and meet your lawyer and enquire about proceedings. 

Dr.Chandran Peechulli (Chief Consultants)     08 April 2012

How could a common man (litigant) know as to whether his lawyer is colluded with the opposite lawyer than from his dis-interest.?

Should not the 'Judiciary'  aim to give justice, irrespective of whether the client is represented proficiently in his plaint and representation in the interest of his client. by the advocate?  

Dr.Chandran Peechulli (Chief Consultants)     08 April 2012

Since the client is from all walks of life, who depends upon the advocate who represents him. Should the Judiciary not ensure to give justice to reach the common man, as enshrined in our national constitution?

Dr.Chandran Peechulli (Chief Consultants)     08 April 2012


May I call upon the Apex Court of our nation (Supreme Court of India) to have a reign over all the courts in the country, irrespective of whether small, district-level, state-level (high-court) etc. to function in a more specialised manner of excellence towards perfection, only then can every common citizen achieve JUSTICE. Need Specialised-entry for the law process administration and management of legal records? Case Study:  EP Section Clerk/Supdt., not accepted my EP Claim of C.C.No. 827/06, but returned since "civil cases are only enter-tained for filing EP, while the origin of my case, was a cheque bounced criminal case under the N.I.Act." whether deliberate/or unintentional delay? Self (a senior citizen) had to run pillar to post and after six long months, Member Secretary-Legal Aid Authority, been kind enough to authorise the EP Section to alas process the same. Every field of profession , website, functions to interact and receive feedback of the ground realities, for the Courts to elevate the image of the eroding Judiciary, in the public’s eye. O.S.341/2004 in the Bangalore City Civil Court is another case, of the grave injustice done to a Senior-Citizen and Ex-Serviceman, who is harassed/humiliated to the core. 

SSng Aulakh (Senior Ship Master)     08 April 2012

Please go through the links below to learn ground realities :

Attached File : 52026_237995_synopsis_01_11_2011.doc downloaded 18 times


sunehe (goi)     13 December 2012

Dear sir,"

                      I need Urgent advise in my case which is almost simillar (as above case) . In my 498a, 406 case my lawyer didn't "exhibited" the photos and telephonic transcriptts/coversation CD which I submitted during my defence evidence, neither confonted these to PW's. These evidence (photos, Conversation transcriptts/CD) are lying in court file "marked". At that time I had no knowledge of the legal process. Due to this lack of evidence, Court convicted me and passed sentence onto me. I humbly request all to please  help me, as i had lost all my hope. Presently I have filed appeal in session court. 

                   Is it possible that at this stage evidence could be re-opened so that I could be able to "exhibit" these proofs and confront these to the PW's. If yes then what should be the grounds for re-opening of case.


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