Restoration of writ petition withdrawn without consent of petitioner

Question

Restoration of writ petition withdrawn without consent of petitioner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A writ petition is withdrawn by the lawyer without the client's consent.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?

Answers (5)

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Adv. Amarjeet Kumar Adv. Amarjeet Kumar

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Advocate Sujeet Notwal LawRato · Accepted Answer · 2022-08-09T10:02:16+05:30

Answer #2

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.

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Adv. Sujeet Notwal Adv. Sujeet Notwal

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Advocate Nihaarika Jauhari LawRato · Accepted Answer · 2022-08-09T11:35:25+05:30

Answer #3

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.

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Adv. Nihaarika Jauhari Adv. Nihaarika Jauhari

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Advocate Kunal Srivastava LawRato · Accepted Answer · 2022-08-09T12:34:20+05:30

Answer #4

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.

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Adv. Kunal Srivastava Adv. Kunal Srivastava

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Advocate Siddharth Srivastava LawRato · Accepted Answer · 2022-08-09T21:39:00+05:30

Answer #5

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.

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Adv. Siddharth Srivastava Adv. Siddharth Srivastava

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