How to close case and take money back
I filled a case against my brother for that I filled two case papers (prepared by my lawyer) set one for stay another for against fraud will, signed in DIWAN court made entry on a book ,then the concern person of dewan court ask few questions and singed, then the papers were given to my lawyer, immediately after without filling and that the lawyer brought some slip like forms and got them singed by me and took the papers along with him to another chamber. The fees amount to deposited in the court was already given to him and was mentioned in the documents signed by me. After that he done some publication work in the paper and notice was sent to my brother , which in absence of him was recollected by the lawyer. I kept follow-up to see that the stay can be put by the lawyer fast, but he suggested that we should file complain in police station I am done with it . , but all this took quite long time, energy and my peace of mind but nothing was sorted out. So I decided to not to proceed further and same was told to lawyer. After a gap of two month finally I decided to close the case unconditionally.
I found my lawyer strange in some stages, when I told him I wanted to close the case he told me that I have to call my brother in family court because of his notice, hence got few questions
1) Whether the case was filled by lawyer or not
2) How to cancel the vakalatnama and take case related documents back
3) How to get back the money deposited in the court, can I go without lawyer
4) How to close the case.
pl. provide me the solution
Asked in Property Law from Nagpur, Maharashtra
check records of the court wherein case was filed . if it was in high court then you can check it online in Mumbai high court website .
issue notice to lawyer by registered post that you dont want to engage his services any more . you can further call upon him to return original documents in his possession .
as far as court fees deposited by you is concerned refund is long drawn process . better get your lawyer to help you in refund process
you can also move court to have case placed on board for with drawal
1. We cannot tell whether the case was filed or no. The same has to be ascertained from the court where it was to be filed. Alternatively you may check the case status from the website, if any, of the concerned court.
2. Vakalatnama stands cancelled the moment the client withdraws the case in accordance with the law. If the case has been filed then it can be withdrawn by only your statement in the court. After the statement is made the engagement of your lawyer will stand terminated.
3. Refund of court fees depends on the nature of the case filed. It will be wise for you to take the assistance of your lawyer in that regard.
4. Request the court to place your case before the concerned court so that it may be withdrawn.