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harikrishnan ( gazetted officer)     30 September 2012

Witness submission

i filed suit in judicial magistrate court, my case pending around  4 years, due to transfer of case from another court. i unable to submit witness. i submitted prime witness-2. i would like to submit doctor as prime witness-3, my advocate not cooperating with me. they are not ready to attend the court and also document submit for appearance of my witness. they advised me my opposite side ready to go with some settlement why  you have produce witness. so they are not appear before the court. if i approach for replace the advocate there also everyone (advocate) hesitate to appear for me. i am outstation candidate so they want to drag the case & negotiate with me. if any formate to submit my witness personally infront of magistrate. any advice please help me.


 2 Replies

Tajobsindia (Senior Partner )     30 September 2012

1. Total lack of professional ethics to pressure once own client to go for settlement by adopting dielectric tactics.
2. Option are only limited as in probably two;
One – Appoint another Advocate locally who expresses competence or bring one from base city if in outstation case no other replacement ready to take the case OR approach Legal Aid Services of the District and Sessions Court for legal assistance and they based on brief may allot from their pool one of the advocate.
Two – Litigant can serve an relieving Notice to current Advocate and seeking permission of the concerned trial Court appear there as Party -in- Persons and defend rest of the concerned Court's case matters himself which includes getting allowed submission of witness list, notice service to witness, conduct cross examination and rest of the court processes that follows relating to the case all by himself. Drawback here is that the litigant should have knowledge of Law and various court practices.


1 Like

stanley (Freedom)     01 October 2012

I agree to the options of Mr Tajobs !!

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