Legal Question in Appeals and Writs in India

A writ petition disposed of on 2012. But petitioner is not informed by lawyers. Certified copy of that judgment not collected by petitioners. Now what can I do

Asked on 3/20/17, 8:13 am

1 Answer from Attorneys

Rajendra Arora Samadhan Consultants

Whether the petitioner in between had ever contacted the Lawyers and what was their response. If he is in a position to prove that he had contacted his lawyers and they had kept him under dark only than he can file a complaint against the lawyers. If he remained unconcerned about the case and had not contacted his lawyers during entire period, he should not blame his lawyers.

Anyhow who may have defaulted client or the lawyers, it is altogether a different issue but you may take chance by challenging the decision of the single bench disposing the writ before divisional bench stating the facts and also filing an application for condonation of delay under section 5 of the Limitation Act.

It is discretion of the Hon'ble Divisional Bench whether to consider condonation of delay in filing the appeal. The discretion shall be applied by the Hon'ble bench considering all the aspects and ground of filing the application as well as merit of the case.

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Answered on 4/12/17, 7:35 am

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