• Revise the rate

I am working as headmaster of the school.I joined the school in April 2013.Well Before my joining, in November 2012 ,an agreement had been made by then headmaster for construction of kasturba building run under bihar education project of sarv shiksha abhiyan.But departmental engineers made no effort to get the work started----no lay-out was done by them.when I joined the school ,the departmental engineers and the officers began to put pressure on me to start the work.Lay-out was done in june 2013.In the process,it was found that the available land was not sufficient enough to carry on construction work.The agreement was forced to be done without the land having been measured.It was a grave mistake on part of the engineers.In that situation, a new site adjacent to the previous site was searched.It was a vast and big ditch.The then executive engineer changed the design----spread foundation was changed to pile foundation;plain structure was changed to RCC structure. Estimate was also changed.design and estimate was finalized on [deleted].No fresh agreement was executed with me.Before it on [deleted], ,bihar government issued new schedule of rates effective from [deleted].But the estimate was prepared on the basis of rates prevailing in 2011.Between 2011 to 2013,the prices of materials and labour increased drastically.I had to suffer huge loss on account of high increase in prices of materials and labour.It was all due to the fault of engineers on account of which the work started very late.I was not a bit responsible.
 When measurement book was prepared,it was found that many works had not been incorporated despite the fact that they were in the design and the work was actually done.That again amounted to huge loss.I preferred a writ petition in 2018 in patna high court to direct the department to book the MB on the basis of 2013 schedule of rates which prevailed at the time of making the estimate and incorporate all the items which were left in measurement.
 But the sad fact is that after a lapse of four years in july 2022 ,my advocate all on a sudden withdrew my case without my consent.When I asked the reason,He made quite vague explanation.he must have taken my consent. I am sadly surprised how he can withdraw my case without my consent.Please guide me what I can do in that situation.I can not leave out such a huge loss.I am determined to fight my case till the last remedy available.
Asked 2 years ago in Civil Law

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4 Answers

Take out application in HC for setting aside order of dismissal of petition on account of withdrawal 

 

2) take plea that advocate withdrew case without your consent 

 

3) file complaint against lawyer before bar council 

Ajay Sethi
Advocate, Mumbai
97523 Answers
7889 Consultations

The lawyer cannot withdraw the case on his own without the consent or instructions of the party to the case.

This can be considered as an act of misconduct and cheating, defined as illegal act in the Advocates act .

You can give a complaint against the advocate before the bar council of your state as well as before the association/bar he belongs to.

You can also move an application before high court for setting aside the order passed on the withdrawal memo filing citing the advocate as responsible for this mishap and the injury caused to you.

 

T Kalaiselvan
Advocate, Vellore
87725 Answers
2357 Consultations

You can restore your case by stating that the case was withdrawn without your knowledge and consent

Prashant Nayak
Advocate, Mumbai
32881 Answers
209 Consultations

Your determination will lead to victory. A lawyer is not supposed to take any measure decision without instruction from client. Engage a lawyer without delay and file a petition in High Court  for restoration of case to the file as it was against your instructions. Any delay will cost you dearly. In such situations where a lawyer seeks withdrawal of case, it is safe on the part Courts to insist presence of client. I have noticed that such things are happening quite often.

Ravi Shinde
Advocate, Hyderabad
4431 Answers
42 Consultations

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