• My lawyer cooperated with exparty and cheated us

Good after noon sir,

Case details:

one of my relative filed a civil suit in a senior civil judge court in Andhra Pradesh aganest  my father with a forzed signature and promissory note with his friends help.

He filed the suit in 2010 in a senior civil judge court, AP, my father met his lawyer so many times after that and trusted him,my father is a farmer and he is not aware of proceeding in court,my farmer met his lawyer so many times, he didn't given any updates about civil suit after that, he only updated to my father that , ex party people are not doing any proceedings in court after filed the case.

recently, in april 2013, from my friends, we came to know that that case was declared in favour of exparty in march 2012. because my father didn't attended the court and my lawyer didn't cross examined exparty witness people, who signed that forzed note.

but my lawyer filed a pitetion in court in june 2012 , in that he requested to reopen the case, later that was assigned with a number , but my lawyer didn't represented any thing about that pitetion in court.

since last 4 months, am doing follow-up with him, he was filed some petetion but every time he is saying some silly reasons like judge was on leave or court supporting staff are not working.
but we came to know that, he was filed petetions wrongly by putting number of days wrongly, because of that petetions are retuned back to my lawyer.

my Question:

My lawyer 100% cheated us and he worked in favour of my opponent, even i requested him to send the forzed note, which was filed in suit to phoronix lab  , but he didn't worked on it any he spoiled all possible options to reopen the case.

simply he passed the time and even didn't given any updates about case to my father in past after exparty declared, i took other lawyers openion on this case, some of them told that, my existing lawyer supposed to reopen the case by saying the reasons to unable to cross examine ex-party people, then they can proceed with cross examination and send the forzed note to lab .

Please advice me regarding reopen the case to proceed further.

sorry for taking more of your valuable time.

Thanks & Regards,
Venu babu.
Asked 4 years ago in Civil Law from Ongole, Andhra Pradesh
1. What you should do right away is change your lawyer and appoint another lawyer in his place so that the latter can see the case file and assess objectively what can be done within the periphery of law to undo the damage that has already been done due to the ex parte order.

2. Thereafter, you may file an appeal challenging the ex parte order.
Ashish Davessar
Advocate, Jaipur
22966 Answers
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