I am practising lawyer. Please guide me in this issue.
One of my client approached me saying that he had filed a suit for declaration and recovery of possession wherein his co owners had sold his share to the defendant. Pending litigation all of a sudden, the suit was withdrawn by the advocate as NOT PRESS by making endorsement on the back side of the plaint. No instructions had been obtained for withdrawal from the plaintiff nor Order 23 application is filed. Afer 10 years he came to know that suit was withdrawn without his knowledge. Till recently the plaintiff was kept in dark and after personal verification he came to know fo the fact. How should I proceed with the plaint.
Note:- the plaintiff had executed a sale deed for a part of property in favour of the Advocate's wife as Litigation expenses at the instance of the advocate..