Lawyer spoiled case. Case dismissed. Can it be restored somehow?
A lawyer spoilt my case in Consumer Forum by not appearing on day of hearing, case was dismissed. He delayed filing appeal in Redressaal Commission by 4.5 months so appeal too was rejected. For 13 months he never informed me about this. So 90 days time available to go to National Forum too exhausted.
Can this case be restored somehow. What action can I take against the lawyer?
It is sad that due to the unprofessional attitude of some people from the fraternity, the name of the entire profession is spoiled. But, the law is very clear that due to the lapse / fault of the lawyer, the aggrieved party cannot be let to suffer.
However, the problem will lie in the question when the Court will ask that since it was your case, you had to be diligent if the lawyer was not pursuing the case properly. If you can satisfy the court that you had been diligently pursuing the lawyer / case, your case can be restored. It is a long gap and it will be difficult to explain to the court as to what had restrained you from contacting your lawyer for more than one year.
Further, you can approach the Bar Council and lodge your complaint with them.
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