Court can decide writ exparte as no reply is filed and no lawyer is appearing on PSU behalf
I filed a writ against a Public Sector undertaking under Art 226 and 331 in the year 2007.The other party kept quiet all these 12 years and didn't file a counter.On 26.12.2019, the counsel of other party filed a memo stating that he is giving up his vakalatnama in favour of PSU as it is not cooperating.Can the writ be heard exparte? What are the remedies open to me?
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Yes it can be heard exparte if the party opponent is withdrawn. But the party who filed it withdraws it will be dismissed for want of prosecution
See in can the advocate of other party is retiring the court shall issue notice to PSU then after notice of they are not coming the court may go ahead exparte.
If the counsel reports no instructions then the court will send notice to party directly.
The party , after receiving notice choose to remain absent then the court may set the party as exparte and an exparte judgement would be passed accordingly.
Yes, and until now it was to be heard ex parte or some effective order would have passed. Court dose not grant such excessively long time to file reply.
Well, it is incumbent on party to submit reply. Change of advocate dose not give relaxation. Seems like your side is also sluggish to press for hearing.
Surrender of vakalatnama means an advocate releasing his brief for reasons known to him.
This has nothing to do with hearig of the case ex parte as the PSU is at liberty to engage another advocate.
I wonder why you were sitting idle for such a long period.
You should rather change your advocate for not getting your case heard in all these years.
Are there any specific judgements of Supreme court and High courts on giving up Vakalatnama?
On what issue are you seeking decision ? Releasing vakaltnama is right of an advocate on certain circumstances.
The respondent herein, as plaintiff, filed the suit in O.S.No.110 of ... It was further stated that the Counsel for the first defendant reported no instructions and ... the judgment and decree in the suit for specific performance is not executable .... affidavit filed under Order 19 of the Code is on the record of the case .
You can find the judgment delivered by CAT on 23.1.2013 in
Vinod Anant bibvekar vs. union of India;
Vasu Thevar And Ors. vs Rukmani Ammal And Anr. on 14 January, 2000
Arumugha Gounder And Ors. vs Tmt. Palaniammal And Ors. on 7 November, 2000
You don’t need judgments
lawyer can withdraw his appearance
PSU can engage another lawyer and if it dies not do so court can proceed exparte
Ans: For the Writ Petition to be heard ex-parte, you will have to prove that the copy of the petition was served upon the Respondent or his counsel. Once you prove that the service is effected and despite service the Respondent is not appearing in the court, then you may press before the court for ex-parte orders.
- As per rule , after withdrawing the vakalatnama , Court may issue notice for last opportunity to appear and argue the matter .
- If, none will appear on that date , then Court is bound to pass Ex-Parte order , but the presence from your side is mandatory before the court on that date.
- Many judgments are there like
Arumugha Gounder And Ors. vs Tmt. Palaniammal And Ors. on 7 November, 2000
1. Yes writ can be heard Ex-parte if other party is not willing to file reply or counter in the case.
2. You should pray In court that other party is delaying the proceeding purposely for Wasting the time of court.