Wrong petition filed by my advocate and now it is gone to FDP stage

613 votes

In normal course every Lawyer draft petition based on client's instruction and before filing case you both read draft , settle it and only after client okay draft, petition is printed and filed with client/petitioner's signatures. After filing petition every client is expected to be in touch with lawyer and understand status update. It is not possible for lawyer to manipulate with Court papers once signed and filed. Therefore it is not possible for him or her to change 1/2 to 1/5 . Bottom of petition verification clause where Petitioner ensures court that whatever stated in foregoing petition is true to best of his knowledge.
meet your lawyer or another lawyer with all papers for 2nd opinion in case , after seeing papers lawyer will suggest

Advocate Shilpa Sharad LawRato

900 votes

This is a very serious issue. You cannot claim that you did not the contents of the Plaint because you would have signed the Affidavit. FDP means stage of execution of the decree in the Plaint - I urge you to speak to your Advocate and obtain all information immediately as ignoring it could lead to further legal trouble for you.

LawRato LawRato

951 votes

It is unbelievable how you have not visited court but the preliminary decree has been passed. If you are a Plaintiff, your evidence is essential and you ought to have filed your evidence and stood in the witness box for cross-examination. If you are a defendant, you ought to have defended the case by leading evidence and stood in the witness box for cross-examination. Only after evidence and argument the decree would have been passed. However, to understand your problem full details of the case are required.

Raghavendra Rao B.K. LawRato

684 votes

In your query no sufficient information is given , it seems Suit for partition is filed claiming your share. But error committed in prayer. For that you should have verified the draft at the time of filing or before filing. At least that mistake could have rectified by filing an Application seeking amendment of prayer during the pendency of proceedings. And it is not clear that in the judgment how much share is allotted to you? In FDP Proceedings you can not change or alter the pleedings.

Advocate S Mubarak Begum LawRato