Legal Question in Legal Ethics in India

Defaulting counsel

A petition has been filed by an employee who stands terminated from service on theft charges.Single bench of HC quashed his termination even though his case being weak.This was because the counsel of respondents (management)pleaded the case weakly.The court order points out that respondents have not filed reply to petition.And subsequently court went by assertions in petition.Can management plead the LPA on the basis of fact that their counsel had connivance with petitioner.What is the defense for management if lawyer failed to file reply to petition.Can any legal action be taken against defaulting counsel.


Asked on 4/23/08, 12:40 pm

2 Answers from Attorneys

Aniruddha Pawse Aniruddha.P.Pawse Advocates

Re: Defaulting counsel

You can appeal against the order or file revision

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Answered on 4/24/08, 7:09 am
Homi Maratha N.N. Maratha & Co.-Advocates

Re: Defaulting counsel

You can file an appeal for the same order.

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Answered on 4/30/08, 8:35 am


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