653+ Lawyers are online 
Restoration of writ petition withdrawn without consent of petitioner
08-Aug-2023 (In Civil Law)
A writ petition is withdrawn by the lawyer without the client's consent. What is the remedy available with client for restoring it? Is the proper remedy a recall or review? Also, in case client has not instructed to withdraw, what is the action possible against the lawyer?
you can complain the bar council or district bar council u can demand cancellation of advocate licence you can also restore your case advocate default ground this suggestion is given by advocate Amarjeet Kumar
Helpful?
25+
25+
Adv. Amarjeet Kumar
Delhi | 25+ Answers
Chat
What is the limitation period in civil suit?
Limitation of liability:
The law states that appeals can be filed against a decision or order in the High Court in ninety-days and in any other court within thirty days of the date the order or decree was appealed.
What is Section 5 of the Limitation Act?
Section 5 of Indian Limitation Act 1963 only applies to situations where the suit has already been filed and is pending. If the suit is not filed in the specified time-period then this provision will not be applicable for an extension.
Is Section 5 of the Limitation Act applicable to file application under order 21 rule 106 of CPC?
By omitting Sub-rule (4) from Rule 105, Order 21, Rule 106 indicates that Section 5 is not applicable. Rule 106, as it stands now, is the same as Rule 105 but without Sub-rule (4). The old provision had to be amended due to Section 5 of Limitation Act, which bars the application.
You can approach concerned court with the application for restoration of your writ petition, however, limitation period to move court may be an aspect when filing such application. Positively, limitation period of 30 days does not apply to writ petitions, hence, you should file restoration application urgently to secure your relief.
Helpful?
40+
40+
Adv. Sujeet Notwal
Delhi | 200+ Answers
CONTACT NOW
limitation for restoration of suit
Grounds for restoration of suit
Case law on restoration of suit
Dismissal of suit under CPC
Restoration of suit dismissed for non prosecution
A suit is dismissed for default can a fresh suit be file without permission of the Court
Restoration of suit under CPC
Application for restoration of suit under CPC
Greetings for the day!
You can file for an application in the withdraw writ petition itself seeking for restoration of the Writ. The application shall be listed and heard.
In case of any assistance, feel free to connect!
Regards.
You can file for an application in the withdraw writ petition itself seeking for restoration of the Writ. The application shall be listed and heard.
In case of any assistance, feel free to connect!
Regards.
Helpful?
37+
37+
Adv. Nihaarika Jauhari
Delhi | 25+ Answers
CONTACT NOW
The petitioner can seek another lawyer and move a restoration application citing the grounds for the same.
Regarding the second part of your query, you must be very careful in engaging any attorney as when you sign a vakalatnama the authorized advocate is empowered by you to take any action pertaining to your case on your behalf. If the lawyer has wilfully disobeyed your instruction to not withdraw, you may write to the bar council of india regarding your grievance if you have sufficient evidence to support your claim.
Regarding the second part of your query, you must be very careful in engaging any attorney as when you sign a vakalatnama the authorized advocate is empowered by you to take any action pertaining to your case on your behalf. If the lawyer has wilfully disobeyed your instruction to not withdraw, you may write to the bar council of india regarding your grievance if you have sufficient evidence to support your claim.
Helpful?
42+
42+
Adv. Kunal Srivastava
Delhi | 100+ Answers
CONTACT NOW
Firstly lodge your complaint with your lawyer and thereafter, file application under section 151 CPC for recalling of order through which court had allowed withdrawal and also pray for restoration of WRIT as it was on or before the date of order.
Helpful?
25+
25+
Adv. Siddharth Srivastava
Delhi | 100+ Answers
CONTACT NOW
Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.
Connect with top Civil lawyers for your specific legal issue
No Comments! Be the first one to comment.
"lawrato.com has handpicked some of the best Legal Experts in the country to help you get practical Legal Advice & help."
