Court registry misplaces case bundle, lands advocate in trouble
Legal Correspondent
CHENNAI, DECEMBER 25, 2018 00:00 IST
Fails to list the lawyer’s request for withdrawal multiple times
Coming across a shocking case of the Madras High Court Registry putting an advocate in trouble for a mistake committed by it, the High Court, on its judicial side, directed the registry to henceforth conduct preliminary inquiries on complaints against lawyers without mechanically forwarding them to the Bar Council of Tamil Nadu and Puducherry.
Justice P.T. Asha issued the direction while permitting a group of litigants to withdraw a civil case filed by them in 2014. During the course of hearing of the case, the judge came to know that one of the petitioners had written a letter to their lawyer N. Manokaran on September 28 expressing her unwillingness to prosecute the case any more.
Requests ignored
The counsel submitted a representation to the registry with a request to list the case under the caption ‘For Withdrawal’. However, his request was not acceded to by the registry because the case bundle could not be traced. After waiting for a month, he sent a written reminder to the registry on November 7. Even then the case was not listed. One of the litigants wrote directly to the registry requesting initiation of necessary steps for withdrawal. In the letter, she stated that Mr. Manokaran’s inaction had caused great mental agony to her.
This time,the registry immediately forwarded the litigant’s letter to the Bar Council. Disapproving of such a practice, Justice Asha said the facts of the case would prove that the lawyer was not at fault. She directed the registry to request the Bar Council to desist from taking any action.
Legal Correspondent
CHENNAI, DECEMBER 25, 2018 00:00 IST
Fails to list the lawyer’s request for withdrawal multiple times
Coming across a shocking case of the Madras High Court Registry putting an advocate in trouble for a mistake committed by it, the High Court, on its judicial side, directed the registry to henceforth conduct preliminary inquiries on complaints against lawyers without mechanically forwarding them to the Bar Council of Tamil Nadu and Puducherry.
Justice P.T. Asha issued the direction while permitting a group of litigants to withdraw a civil case filed by them in 2014. During the course of hearing of the case, the judge came to know that one of the petitioners had written a letter to their lawyer N. Manokaran on September 28 expressing her unwillingness to prosecute the case any more.
Requests ignored
The counsel submitted a representation to the registry with a request to list the case under the caption ‘For Withdrawal’. However, his request was not acceded to by the registry because the case bundle could not be traced. After waiting for a month, he sent a written reminder to the registry on November 7. Even then the case was not listed. One of the litigants wrote directly to the registry requesting initiation of necessary steps for withdrawal. In the letter, she stated that Mr. Manokaran’s inaction had caused great mental agony to her.
This time,the registry immediately forwarded the litigant’s letter to the Bar Council. Disapproving of such a practice, Justice Asha said the facts of the case would prove that the lawyer was not at fault. She directed the registry to request the Bar Council to desist from taking any action.
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