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Analysing the retrieved Case Laws
Scanned Judgements…!
Advocate on Record Not Pursuing Suit or Giving No Objection - When an advocate on record chooses neither to pursue a suit nor to object, the remedy available to the client depends on the context:
If the advocate's silence or inaction is interpreted as abandonment or withdrawal, the client may need to file a formal application for withdrawal or termination of the advocate's authority. This is supported by the principle that a party cannot be left without remedy due to advocate inaction ["Santosh Kumar vs Union of India through Secretary - Central Administrative Tribunal"].
In cases where the advocate's inaction causes delay or prejudice, the client may seek remedies such as filing a review, revision, or a fresh suit, especially if the delay affects substantive rights ["Santosh Kumar vs Union of India through Secretary - Central Administrative Tribunal"]. The court emphasizes that parties must act diligently; otherwise, their remedy might be barred by limitation or deemed waived.
If the advocate explicitly states no objection or discontinues pursuing the case, the client can approach the court for permission to proceed in person or appoint another advocate. Courts have held that the remedy of the client is to seek substitution or to move for dismissal of the case if the advocate's inaction hampers progress ["HABIBOR RAHMAN AND 10 ORS vs MUSSTT. UMMEY NESSA @ MUSSTT UMMEY KULSUM - Gauhati"].
Analysis and Conclusion:
References:- ["Santosh Kumar vs Union of India through Secretary - Central Administrative Tribunal"]- ["HABIBOR RAHMAN AND 10 ORS vs MUSSTT. UMMEY NESSA @ MUSSTT UMMEY KULSUM - Gauhati"]
Imagine hiring a trusted advocate on record (AOR) to champion your case, only to find them neither pursuing the suit nor raising any objections. What happens next? This is a common yet distressing scenario for many litigants in India. The question arises: Advocate on record neither pursuing the suit nor giving no objection. What is the remedy?
In this comprehensive guide, we'll explore the legal duties of an AOR, available remedies, and the court's role in safeguarding justice. Drawing from key judicial precedents, this article provides general insights to help you navigate such situations. Note: This is not legal advice; consult a qualified lawyer for your specific case.
An Advocate on Record plays a pivotal role in Supreme Court or High Court proceedings. They are not mere representatives but custodians of the client's interests. The AOR must actively pursue the case diligently or raise objections if legal or procedural issues ariseUnion of India VS Chaman Rana - 2018 4 Supreme 105.
Neglect or inaction by the AOR can amount to abandonment, potentially jeopardizing the client's rights. As highlighted in judicial observations, the advocate on record has a duty to pursue the case diligently or to raise objections if any issues arise Union of India VS Chaman Rana - 2018 4 Supreme 105. Failure to do so undermines the litigation process and may lead to dismissal for default or adverse orders.
If your AOR is neither advancing the suit nor objecting to procedural lapses, don't despair—several remedies exist to protect your interests:
The principle is clear: courts will not allow litigation to fail due to an advocate's neglect. The client’s remedy is typically to approach the court for substitution of the advocate or to seek directions for the continuation of the proceedings Union of India VS Chaman Rana - 2018 4 Supreme 105.
Indian courts wield significant authority to prevent miscarriage of justice. Under inherent powers, they can:
This intervention underscores the judiciary's commitment to justice. The court has the inherent power to pass appropriate orders, including appointing a new advocate or permitting substitution, to ensure that the case is prosecuted and that the rights of the client are protected Union of India VS Chaman Rana - 2018 4 Supreme 105.
In related contexts, courts have affirmed that petitioners remain at liberty to take appropriate remedy in case if he aggrieved Sonau Ram vs Dr. S. Bharti Dasan, emphasizing accessible paths forward even amid procedural hurdles.
While the core issue revolves around AOR neglect, broader case law reinforces these remedies:
These cases illustrate a consistent theme: justice prioritizes substance over procedural neglect by advocates. In one eviction dispute, mere denial or inaction didn't bar remedies, reinforcing that tenants (or litigants) must pursue actively but can seek court aid AYUB ALI VS TAHIR AHMAD KHAN - 2007 Supreme(All) 2659.
Remedies aren't automatic; courts scrutinize circumstances:
Always document communications with your AOR to strengthen your application.
To safeguard your case:
The client should file an application before the court for substitution of the advocate on record or for directions to proceed with the case Union of India VS Chaman Rana - 2018 4 Supreme 105. Acting proactively ensures your rights aren't defeated by proxy inaction.
In summary, when an advocate on record neither pursues the suit nor raises objections, approach the court for substitution or directions. This upholds the maxim that justice delayed by advocate fault won't be justice denied. For tailored advice, engage a new advocate immediately.
This article is for informational purposes only and reflects general legal principles from cited sources. Laws evolve, and outcomes depend on facts.
#AdvocateNeglect, #LegalRemedy, #CourtSubstitution
F-4/Nither SO/2022(III) 31-05-2022 (Annexure A-5). ... F-4/ Nither SO/ 2022 (III) dated 28-11-2022 (Annexure A-5) and Memo No. F-4/ Nither SO/ 2022 (III) 21-02-2023, respectively. A copy of the Memo No. F-4/ Nither SO/ 2022 (III) dated 21.02.2023 is being annexed herewith as Annexure R-2. V. ... the same is against the judgment of the Hon'ble Supreme Court in the case of ‘Prem Nath Bali Versus Registrar, High Court of Delhi’ reported as 2015 (16) SCC 415 where in it has been held that every employer must take sincere end....
Petitioner would be at liberty to take appropriate remedy in case if he aggrieved with the quantum compensation. ... Though, learned counsel for the petitioner raised an objetion that what has : Shri Shivraj Singh, Advocate Hon'ble Shri Justice Manindra Mohan Shrivastava For Respondent No.2 span style="font-family
Singh, learned Assistant Advocate General has opposed the bail application on the basis of status report. The prosecution case in brief is that on 19.4.2009 the petitioner was trying to sell Maruti car No. HP 03A-6091 at Nither. ... Heard and perused record. On behalf of petitioner it has been submitted that FIR No. 27 of 2009 has been registered against petitioner and two others. The petitioner was arrested on 19.04.2009 and since then he is in jail. ... Later on it was found that petitioner and Deepak by committing theft brought the veh....
Having seen that the applicant was wrongly persuing the remedy of appeal in Court having no jurisdiction, the time consumed for persuing the appellate remedy by way of Title Appeal 18/2017 is a period spent bonafide ... The learned counsel for the applicant submits that the opposite parties are the plaintiff in Title Suit No. 13/2013 (old)/Title Suit No. 38/2016 (new), filed under Section 6 of the Specific
The learned counsel appearing on behalf of the petitioner made a submission that the petitioner is not interested in persuing
Ritta Goswami, Senior Advocate, with Ms. Komal Chaudhary, Advocate, for g respondents No.4 and 5. ... Arun Sehgal, Advocate. For the respondents: Mr. Rupinder Singh Thakur, Mr. Pushpinder Jaswal, Additional Advocate Generals, Rohit Sharma, Mr. Sumit Sharma, Deputy Advocate General, Mr. Rajat Chauhan, Law Officer, for respondents No.1 to 3-State. h Ms. ... be in the garb of a mandamus, is same and similar to the reliefs being claimed in the Civil Suit. ... Ropeway Span which the Respond....
We uphold the objetion raised on behalf of the The petitioner is free to avail the appropriate remedy
The distance between Government Primary School Durah and Government Primary School, Nither is 8 KMs. ... He was transferred to Government Primary School, Nither on 18.7.2007 where he remained posted upto 16.2.2010. Thereafter, he was transferred to Government Primary School, Sarahar on 17.2.2010. ... The distance between Government Primary School, Nither and Government Primary School, Sarahar is 13 KMs and the distance between Government Primary School, Sarahar and Government Primary School, Deogi is 26 KMs. ... 3. Ms.
is already persuing his remedy of permanent injunction claiming himself as Present: Rent Controller has not appreciated the documents/evidence available on I have heard the learned counsel and perused the impugned order as well as other documents placed on the record
remedy to protect his rights. ... to get the relief by way of civil suit would have been barred by time. ... premium to a person who has been himself negligent about persuing his of grievance may not only amount to unsettling an otherwise not of 19 years, but the delay was of more than 3 years and ordinarily, the remedy
If there is adequate remedy to do what the Civil Court would normally do in a suit. In other words, even where finality is accorded to the orders passed by the special Tribunal one will have to see whether such special Tribunal has powers to grant reliefs which Civil Court would normally grant in a suit and if the answer is in the negative it would be difficult to imply or infer exclusion of Civil Court’s jurisdiction. It is clear that even where the statute has given finality to the orders of the special Tribunal the Civil Court’s jurisdiction can be regarded as having bee....
If there is adequate remedy to do what the Civil Court would normally do in a suit. In other words, even where finality is accorded to the orders passed by the special Tribunal one will have to see whether such special Tribunal has powers to grant reliefs which Civil Court would normally grant in a suit and if the answer is in the negative it would be difficult to imply or infer exclusion of Civil Court's jurisdiction. It is clear that even where the statute has given finality to the orders of the special Tribunal the Civil Court's jurisdiction can be regarded as having bee....
However, in the interest of justice we deem it fit to grant one more opportunity to tender Vinod Kumar Agarwal for cross examination by the defendant. "After persuing the impugned order, we do not find that there is no mistake apparent on the face of the record. 6. The plaintiff preferred a Review Petition being R.P.No.89/09 by demonstrating that the observation about drawing an adverse inference against the plaintiff is running counter to mandate of Law and while considering the legal provision and the prayer of the plaintiff, this Court observed as follows while disposing....
The last argument of learned Counsel for the petitioner that the amount of Rs. 5,000/- paid by him under the agreement should have been adjusted under rent is also not tenable. Nither there was any such agreement between the parties nor the petitioner asked the landlord respondent to do that.
It will, therefore, be unjust and unfair where a claim, which is prima facie found to be valid for consideration, be dismissed for default and thereafter remedy of restoration, or restoration of restoration application be dismissed on technical grounds. Even a police report has to be treated as an application, and that every application filed must be inquired into and decided by the Tribunal. The claimant, or dependent of claimant is often handicapped in persuing the remedy. New remedies of no fault liability and for hit and run cases were added to meet extra-ordinary situa....
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