Mumbai | 08 Jul, 2017 (1 year, 10 months ago)

General Advice

What is the process for withdrawing a case if my lawyer on record is not availab

I have filed in case in the Mumbai High Court in 1988 regarding a property matter. I wish to withdraw the case but I cannot track down the lawyer on record. What is the best course of action in such an issue
Answers
26 Mar, 2018 | 13:39

Hi. You can simply prepare a precipe on your letter head stating that you are appearing as a party in person and that your lawyer is not traceable and you wish to withdraw the case. This precipe has to be mentioned before the concerned judge before whom the case is pending. You can also inform the other side or your opponent about the fact that you intend to withdraw the matter and will be mentioning the same before the judge on so and so date and request the opponent to remain present in court on the day of mentioning. If the other side has no objection then the judge will list your matter on board under the caption of 'for withdrawal' and give you a date on which the matter will come on board. On that specified date when the matter is called out you can simply submit to court that you wish to withdraw the case and judge will pass a withdrawal order. You can engage a counsel for this purpose who can appear on your behalf in court upon instructions.


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