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(Guest)

Restoration of writ petition

If an advocate has withdrawn the writ petition without the consent or written instruction from his client what remedy does the client has against him and how to restore the writ petition?



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 4 Replies

Shashi Dhara   08 August 2022

File new w.p .

N.K.Assumi (Advocate)     09 August 2022

If the court allowed the petitioner to withdraw the petition without the permission or the liberty  to file a fresh petition for the same cause of action, the petitioner will be debarred to file fresh petition. I am alaso of the view that the dispute between the Advocate, and his client for such withdrawal will be govern by the Vakalatnama, and the cause of action for which the Advocate deems necessary to wuthdraw the petition before dismissal of the petition..   


(Guest)

Thank you for your answer, i want to know if an application for restoration can be filed and whether a writ petition under Article 32 can be filed in supreme court? 

N.K.Assumi (Advocate)     09 August 2022

Restoration of withdrawn writ petition depends on reservation to file fresh petition. However, in exceptional case even without reservation to file fresh writ petition may not operate as bar to a subsequent writ petition and yes, the power of Supreme Court is enormous enough to reach out its hand to undo the injustice so you may try under Article 32.


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