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Ramon   27 January 2017

Will the case be dismissed with cost or without cost ?

Will the Case be dismissed with cost or without cost ?

I have filled a case in city civil court in India with all the evidences w.r.t our pending payment of fees from a client. As a Plaintiff we have not received justice due to our bad lawyer and also spent our money on court fees and lawyers’ fees. Our advocate is not interested in doing any work and does not attend the court. Defendant’s advocate is regular and has asked the court stating that case in 'infructuous' and our lawyer never visits the court to argue. It has been 6 years since we have wasted our time and money on court. In such case if the Plaintiff and its advocate stops attending the court then what will be the decision of the court?  And if the court dismiss the case then will it be with costs or no costs?



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 14 Replies

Dr. Atul [9013898936] (Lawyer, Scholar)     27 January 2017

It will be dismissed for non-prosecution, not infructuous ... a case becomes infructuous when it becomes either impossible or meaningless during the course of proceedings to grant a relief claimed. Why don't you just withdraw the Suit if you don't want to contest it? Just btw, if you are not happy with the services rendered by the Advocate engaged by you ask him to discharge and bring it on record that he is no longer authorised to act or make any submissions on your behalf.

PS: Before you take any irrevocable step as non-appearance or withdrawal, be very sure in your mind that you are ready and willing to forfeit your claim for all times to come. If you feel you had a genuine case on merits and the ONLY thing working against you was poor representation, you MIGHT consider chaging the Counsel (of course, totally depending on the stage the case is at).

1 Like

Ramon   27 January 2017

Dear Mr.Atul, Thank you so much for your time and prompt repsosne. Your reply for indeed helpful. In response to your suggestions I would like to state that I do not want to withdraw as my matter had a merit, I had submitted a lot of annexures as proofs and was geniune case. It will be very embarassing to withdraw the case inspite of being on a correct side. Frankly I do not want to engage with the lawyer nor the court as I have already wasted a lot of time on it and do not trust the lethargic Indian judicial system. Hence, to cut it short, As the written statement by Defendants always state that "The matter is false, frivolous and kindly dismiss it with costs". Does this mean that I will be penalised for filing the case and then not attending it later ? Does plaintiffs generally get penalised for no show in Indian courts ? Or will the case be just dismissed without cost ? Look forward to hear at your convenience. Thanking You. Regards, Ramon

Dr. Atul [9013898936] (Lawyer, Scholar)     28 January 2017

Originally posted by : Ramon
As the written statement by Defendants always state that "The matter is false, frivolous and kindly dismiss it with costs". Does this mean that I will be penalised for filing the case and then not attending it later ? Does plaintiffs generally get penalised for no show in Indian courts ? Or will the case be just dismissed without cost ?  

 

I've never heard of a Plaintiff being penalised for withdrawing a Suit. And denying the allegations as false or frivolous neither proves they are such, nor do they mean the Suit was motivated by any vendetta or oblique intent rather than recovery.

You will be penalised IF the Suit is dismissed on account of non-appearance AND you subsequently approach the Court to revive the case.

aiamuzz   28 January 2017

Dr. Atul [9013898936] (Lawyer, Scholar)     28 January 2017

Originally posted by : aiamuzz
Hello ... A civil matter needs your expert eye ... please ignore this post with relevance to this thread ... i am pressed for time and i just want to get some eyes on to my thread ... thanks
https://www.lawyersclubindia.com/forum/In-the-event-of-stay-of-proceedings-by-the-hc--146473.asphttps://www.lawyersclubindia.com/forum/In-the-event-of-stay-of-proceedings-by-the-hc--146473.asp

 

You know what..you could do with some manners on a public Forum ... Not only you demand your Post be treated on a priority basis, you wish that be done and the Post you just hijacked should be ignored! surprise

aiamuzz   28 January 2017

Ramon   28 January 2017

Dear Mr.Atul,

Thank you so much for your reply and really apprciate your patience.

Just one last quick query,

As you mentioned "I've never heard of a Plaintiff being penalised for withdrawing a Suit."  This asuumes that I withdarw the matter. But as i stated earlier, I do not wish to withdraw as my matter had a merit, I had submitted a lot of annexures as proofs and was geniune case. It will be very embarassing for me to withdraw the case inspite of being on a correct side. Frankly I do not want to engage with the lawyer nor the court as I have already wasted a lot of time on it and do not trust the lethargic Indian judicial system. (sorry for this asumption)

Hence, if I do not wish to withdraw the matter and let it contiune without attending till it gets dismissed. In such a situation,  will the plaintiff be penalised for filing the case and then not attending it later ? Does plaintiffs generally get penalised for no show in Indian courts ?

Sorry for my repeated questions but as a layman I'm new to this field and a bit concerned about it. Look forward to hear.

Thanking You.

Regards,

Ramon

Dr. Atul [9013898936] (Lawyer, Scholar)     28 January 2017

Well Ramon, I'd say its not fair to let a matter drag till it is dismissed in default for non-prosecution. If you believe in your case so strongly, better engage a new lawyer. If you are sick of the judicial process (which is completely understandable, given our, and for that matter, most judicial systems), call it quits and wrap up by withdrawing (I was about to suggest conciliation but given the facts as you tell them as well as your repeated allusion to embarassment of withdrawing, I don't feel you are going to go for conciliation or that is going to serve any purpose).

You don't want to pursue the matter, yet, you don't want to end the matter gracefully either. It sounds to me as if you either want to let the matter drag needlessly as long as it may on its own momentum without any effort on your part or you are under an erroneous belief that by letting the matter continue on its own, you might get some little relief by default. I don't support the former (and in any event, with non-appearance and any half decent defence Counsel, the Suit should not last more than 2 hearings) and the latter is just never going to happen.

Its up to your understanding of facts and your conscience to either pursue or withdraw or let the Suit be dismissed in default.

1 Like

Ramon   29 January 2017

Thank you Atul for all your advice.

Could you please assist with the procedure of withdrawal for a civil suit in city civil court ? Does the withdrawal process require consent of defendants? Can i do this withdrawal procedure myself alone or can my advocate do it by himself without I attending the court? How long does this process take and what are the stages ?

Ramon   30 January 2017

Request someone expert to please respond on the last query ? Thanking You Regards

Ramon   01 February 2017

Dear Mr.Atul,

Your advice have been very useful and I wanted your quick suggestion to proceed further. I had written to you earlier and was awaitng you reply since 3 days.

If possible could you please advice us on the withdrawal queries as follows - 

1) Procedure of withdrawal for a civil suit in city civil court ?

2) Does the withdrawal process require consent of defendants?

3) Can i do this withdrawal procedure myself alone or can my advocate do it by himself without I attending the court? 

4) How long does this process take and what are the stages ?

Awaiting your reply at your convinience.

Thanking You.

Ramon   01 February 2017

Hello,

Thank you for your reply. I have been following your replies on other forums topics and I really appreciate your frank and witty solutions. I need your suggestion wrt the previous query you had replied on to. 

1) What would be an appropriate decison if I don not want to pursue matter. Shall I withdraw it (which would be embaraasing) or shall i let go to default and get dismissmed (if this does not involve risk) ?

2) What would procudre of withdrawal ?

Would be really helpfull if you could revert on the query at your convinience.

Thanking You.

Regards,

Ramon

 

Ramon   18 January 2019

Hi,

I have filled a recovery suit in city civil court of Mumbai on a client you has not paid my consultancy fees. It has been 7 years but case in not proceeding ahead as my lawyer never attends court. I have wasted several years on the matter and want to withdraw my suit.

Hence, I have following queries –

1) Can I withdraw my suit as a plaintiff and will this have any negative effects on me? Can the defendants counter fire on me taking advantage of my bad lawyer ?

2) What is the procedure to withdraw the suit so that I don’t have to face defendants lawyer nor face any hearing?

3) My recovery amount was around Rs.10 lacs for which I had paid court fees of around Rs.25,000/-. Will I get the refund of court fees in the case of withdrawal of my suit? 

Look forward to hear.

Regards,

VK Ramon

Ramon   18 January 2019

I have filled a case in city civil court in Mumbai with all the evidences w.r.t our pending payment of fees for approx. 10 lacs from a client. As a Plaintiff our case has not moved ahead in past 7 years due to our bad lawyer. Our advocate has taken full fees but never attends court and misguides us.  I have spent a lot of money on court fees and lawyer fees but nothing is happening with the case. Defendant’s advocate is good and attends the court regularly.

 

At this stage, I have wasted several years in thinking about the matter and want to withdraw my suit on immediate basis.  Hence, I have following queries –

1) Can I withdraw my suit as a plaintiff and will this have any negative effects on me? Can the defendants counter fire on me taking advantage of my bad lawyer ?

2) What is the procedure to withdraw the suit so that I don’t have to face defendants lawyer nor face any hearing? Can i do this withdrawal procedure myself alone or can my advocate do it by himself without I attending the court? How long does this process take and what are the stages ?
 

3) My recovery amount was around Rs.10 lacs for which I had paid court fees of around Rs.25,000/-. Will I get the refund of court fees in the case of withdrawal of my suit? 


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