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Special leave petition dismissed in SC due to advocate's negligence
16-May-2023 (In Supreme Court Law)
Respected Advocates, I am in a big trouble and need immediate and expert advice on my case. Last Month my Advocate who is (AOR) in supreme court file for slp in supreme court. It is against sec 138 case. The high court ignore some major facts and gave the wrong judgment. Now my advocate who is aor in supreme court filed the case and didn't present on the said date. He went outstation without information . A day before the case date he told another advocate to present in the court next day and do the arguments. That another advocate didn't knew the case so he just do what he can do and the case (slp) was dismissed. The court decision is that they cannot interfere in high court orders. No other reason given for dismissal in written orders. Now please tell that since this is due to advocate irresponsible behaviour, can I re-file the case in any way through another advocate ? Or any other way for me to revive my case? Please help me.
Dear sir, I saw your query, I feel pity but nothing can be done as such. Maximum we can file a review petition but review is decide by circulation not by arguments at first instance. If you want any help I can help you. My main area of practice is supreme court.
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Adv. Rahul Mishra
Delhi | 25+ Answers
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The only remedy left to you is to file a Review Petition. The limitation period is 30 days. Delay may be condoned on cogent grounds. The possibility of success exists but not very high. Supreme Court is not obliged to record reasons for writing a dismissal order. Hope this helps.
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Adv. Rakesh Taneja
Delhi | 25+ Answers
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Dear Sir,
In the supreme Court, judges come after reading the brief and they are well prepared so if the orders says that the high court order does not warrant interference, you can not attribute any negligence on the part of your counsel.
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Adv. Soumitra Chatterjee
Delhi | 25+ Answers
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It is not necessary that AOR appears in all the matters and because of his pre occupation in some other court or case or nonavailabily for any other reason ,he can instruct and ask some other advocate on his behalf to appear in case filed by him .If you were aware that your advocate is not available on date when case is fixed and wanted your AOR only to argue your case,you should have asked him to seek small adjournment from the Court in advance or by presenting someone on his behalf on date fixed ,because of his being out of station .
As your case is argued by some advocate and the court has dismissed the case after hearing ,the remedy available to you is to file a Review Petition under Article 137 of Constitution of India in the S .Court ,which is filed in 30 days from dismissal date of SLP and thereafter with condonation of delay application .. You can engage the same advocate or engage any other AOR after taking NOC from earlier AOR.The review will not be listed in Court on first date and is taken in chambers of the Honable Judges to decide ,if review of order is to be done or not .If Honable Judges decide to issue notice and call other side in review petition ,then thereafter ,it will be listed in Court for further hearing .
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Adv. Rajiv Mehta
Delhi | 50+ Answers
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Dear sir / mam,
As I am able to understand that, your petition got dismissed because of negligence from the ld. Advocate.
As the junior Counsel who wasn't well conversant with the facts. You may have other remedies for your case under constitution of india, like writ appeal, review petition and curative petition.
But you have to be very swift in approaching to the hon'ble court. Any other AOR may file the same.
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Adv. Alok Kumar Tripathi
Delhi | 50+ Answers
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If the special leave petition is dismissed in default in the absence of advocate the you can file application for restoration of the special leave petition to its original number.
If the Hon'ble Court decide the special leave petition on merits then you have to file review petition under article 137 of the constitution
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