There are two plaintiffs out of which plaintiff No. 1 dead. There are two defendants out which defendant No. 1 dead. Plaintiff No. 2 is examined in chief as P.W. No. 2 and the matter is posted for his cross examination on 7/4/2021. The case filed in court that it is your husband who forged documents. Only the claim made in the case will be considered what they say out of court is of no consequences. You claim that your Advocate is not attending court proceeding but in previous question status of case is shown as counsel for plaintiff and defendant No. 2 are present. It means that you have separate Advocate and he is not attending. Your Advocate has to first cross examine P.W. No. 2 and after closure of plaintiff side evidence you will have to file affidavit of chief examination and then the stage will come for your cross examination. There is sufficient time for that. You have every right to appear through Advocate in the Court, no one can stop you from that. Contact a good lawyer through your contact in the city where the suit is pending. Ask him to seek further time for cross examination of P.W. No. 2 for the reason that you are out of country. Also instruct your present lawyer that you are engaging new lawyer. Draft a Special Power of Attorney on 100 rupees stamp in U.K. giving power to friend or relative to represent you in the case and appoint the lawyer. Get the SPA attested by High Commissioner in U.K. and send it to the person named. He can file valakat on your behalf and cross examine P.W. No. 2. You can visit India whenever the situation improves and attend the court.
Regarding a property case
I have a case going on for ten years in the Bengaluru civil court. I have not been able to attend as I was stopped by the plaintiff’s sim in 2009-10. I had a lawyer on record though he said he was attending the case he hasn’t been attending the case. He never informed me about the evidence. I left the country but he had my details. It’s a property dispute. A property sold through a GPA. It was sold by my mums sister to my husband. This transaction was solely between them. I presumed that my lawyer will contact me but he happens to be my uncle’s friends relative. I was told to go abroad and my lawyer very well knew it. This property has 3 parties. As a legal heir I inherited both liabilities and of course no assets. The plaintiff and two defendants. In the court document they say my husband forged the document but outside they say it’s me. But in reality only after the passing away of my husband I got to know details. So now I would like to know don’t I have the right to giving evidence. Don’t I have the right to a lawyer. Moreover this is the status of the case. Counsel for plaintiff and D2 present. Counsel for plaintiff filed application u/o 7 rule 14 of CPC and list with documents. Perused. Allowed. Counsel for plaintiff filed memo stating that 1st plaintiff was examined as PW-1 died on 10.9.2018. 2nd plaintiff examined as PW-2. Ex.P. 1 to 7 marked. Keep power of attorney in safe custody. For cross-examination of PW-2, by 7.4.2021. The cross examination has been deferred. But from the beginning I wasn’t allowed to go for the case. It looks like my lawyer colluded with the plaintiff. But at this point my cross examination is coming soon I either have to give in a documentary evidence. It has been projected I ran away but I did not each time I wasn’t allowed to go for my case. I just want to know my rights in this regard . As far as I know every human being has a right to go to court. Whether they win or lose.
7 Answers
you were stopped to go for the case and you did nothing!!!
just entrusting the case to a lawyer is not enough!!!
as a party to the suit its your responsibility to make proper inquiries with your lawyer regarding the progress and stage of the case
saddling everything on the lawyer and then using that as an excuse is the most convenient thing to do
who was stopping you to attend your case? you have not even mentioned that!!
and if you doubt your lawyer that he colluded with somebody then what on earth stops you from discharging him and engaging a new lawyer???
your query is completely vague
it looks like you are looking for an escape route for your own negligence!!
the matter is now posted for cross examination of PW2
This means that PW2 has already filed his evidence affidavit and documents
now the contesting defendant has to cross the PW2 to impeach his credibility
I care least about your stupid ratings
have seen several people who dont take steps diligently in their matter and then cry foul and blame others
i had anticipated that this is coming so it does not matter to me
Change your lawyer
2) obtain NOC from existing lawyer
3) engage new lawyer and appear on next date
Dear Sir/ Madam
Please do consult a new lawyer and appear for the trial.
1. Your liability of your husband's debt is limited to the value of his assets you have inherited.
2. Change the lawyer if you have trust deficit on him.
- It seems that there was a communication gap between you and your lawyer , and for this you are also accountable.
- If your husband was a party in that suit , then legally you have your right to contest the case on his behalf after his demise.
- You should contact your lawyer for knowing the details of the case , and for moving a application for substitution .
- If you are unable to contact lawyer , then engage some other lawyer for pursing the case in your favour.
- However , your query is not very clear to reply in details .
If you are the legal heir of any party either plaintiff or the defendant who is reported to have died, you can file an application to implead you as necessary party to represent the case of the decesed as its LR.
If you are already in the case then why do you have to continue with the same lawyer who maintains hostile attitude or is suspected to have colluded with the opponent.
You have all the rights to contest the case properly as per law and also you can continue the case by engaging a new laywer.
You can change the lawyer if you suspect his integrity.
You can discuss with details with any lawyer of your choice from this forum or outside who can give you a second opinion on this.
