Written submissions by respondent before the Bar Council of Delhi opposing complaint of professional misconduct

BEFORE THE BAR COUNCIL OF DELHI

IN THE MATTER OF: Complaint filed by Ms. Complainant's name dated Date of complaint.

Respected Members of the Council,

The Respondent most humbly submits the following written submissions in response to the complaint filed by Ms. Complainant's name. These submissions are made in light of the facts on record, the documentary evidence, the settled judicial precedents, and the conduct of the complainant herself, all of which demonstrate that the allegations levelled against the Respondent are devoid of merit.

1.1 False Complaint Filed to Conceal the Complainant's Own Negligence:

The complainant, Ms. Complainant's name, has approached this Hon'ble Council with unclean hands. She has filed the present complaint with the ulterior motive of concealing her own negligence and the inordinate delays attributable to her in the prosecution of her civil suit. The Respondent was never her appointed counsel and bore no responsibility for the filing of the written statement in the suit titled Title of the suit.

1.2 Role of the Respondent:

The Respondent's role was confined to introducing the complainant to Mr. Engaged advocate's name, Advocate, at her specific request. The complainant thereafter consciously engaged Mr. Engaged advocate's name, who filed his own printed vakalatnama on her behalf. The Respondent only extended ancillary assistance, such as noting hearing dates at the request of the complainant's brother, and that too without charging any professional fees. Such limited assistance does not, and cannot, amount to legal representation.

1.3 Concealment of Material Facts by the Complainant:

The complainant has deliberately concealed the fact that she herself filed an application under Order 7 Rule 10 & 11 CPC on Date of application under Order 7 Rule 10 & 11 CPC. The said application bears her signature and was verified before the Oath Commissioner, which demonstrates her full knowledge of the proceedings in the case and her active participation in the decision-making process. Her claim that she remained ignorant of the case proceedings until 2015 is, therefore, wholly baseless.

1.4 Lack of Diligence on the Part of the Complainant:

Despite being fully aware of the proceedings, the complainant neither filed the written statement nor pursued her legal remedies for a period exceeding three and a half years. The order dated Date of High Court order dismissing revision petition passed by the Hon'ble High Court in CRP CRP number/CRP year expressly highlights her lackadaisical and negligent conduct, and the petition was dismissed with costs.

1.5 Malafide Intent to Shift Liability and to Gain Wrongful Advantage:

By instituting the present complaint and levelling baseless allegations against her advocate, namely the Respondent herein, the complainant is attempting to shift the burden of her own negligence and procedural lapses onto the Respondent. The complainant seeks to cure her own wrongful conduct by imputing blame to the Respondent, who had no role in the substantive conduct of the case. The Respondent was never a party to the civil suit, and the Hon'ble Court has also observed that the complainant, being a tenant, has no entitlement in the property in dispute. Her actions are evidently aimed at securing a wrongful advantage for herself while causing wrongful loss to the Respondent, and the Respondent cannot be made to answer for such conduct before this Hon'ble Council.

2.1 The Complainant's Allegations Are Unsupported by Evidence:

The complainant's claim that the Respondent acted as her counsel and failed to file the written statement stands contradicted by the documentary evidence on record:

These facts unequivocally establish that the Respondent was not representing the complainant in the civil suit.

2.2 Shifting of the Burden of the Ex-Parte Decree:

The complainant has wrongly fastened the burden of the ex-parte decree upon the Respondent. The decree was passed owing to her own failure to file the written statement within the prescribed period and her continued inaction for over three and a half years. The order of the Hon'ble Court dated Date of order quoted (day).Date of order quoted (month).Date of order quoted (year) records as follows:

"The litigant has to stand by the choice of her counsel. Allowing the present application would mean that the trial shall have to start afresh, which cannot be permitted in view of the delay already caused."

The conduct of the complainant has been negligent, and she cannot attribute her own failures to the Respondent, who was never her advocate.

2.3 Judicial Observations Against the Complainant:

The Hon'ble Delhi High Court, by its order dated Date of High Court dismissal order (day).Date of High Court dismissal order (month).Date of High Court dismissal order (year), dismissed the complainant's petition, observing as follows:

"The Trial Court had rightly considered the submissions and noted that this is unjustifiable and inordinate delay for no reason whatsoever having come forward. The averments made in the application clearly make out no case for a recall of the order dated Date of recall order (day).Date of recall order (month).Date of recall order (year).

This Court has been informed that the suit pending in the Trial Court is a suit for partition inter se the family of the parties. The applicant before the Court was defendant no.4. She was an outsider. She was not a part of the family.

Be that as it may, this Court is of the view that the impugned order in this background declining recall of the order which had been passed more than 3½ years ago deserved no sympathy. The delay in filing the application seeking setting aside of this order in no manner can be referred to be justifiable to make out a case for allowing the petitioner to file his written statement so belatedly. The conduct of the petitioner is not only lackadaisical but borders on negligence. Law of limitation cannot be ignored. Petition is dismissed with costs of Rs.Costs imposed (₹)/-."

This judgment underscores the complainant's failure to pursue her remedies diligently and further discredits the allegations advanced by her against the Respondent.

2.4 No Professional Misconduct Attributable to the Respondent:

The allegation of unprofessional and unethical conduct levelled against the Respondent is wholly baseless. The Respondent played no role in the substantive handling of the complainant's civil case. The present complaint appears to be an afterthought, instituted to conceal the complainant's own procedural lapses and to secure an undue advantage in her civil suit.

3.1 R.D. Saxena vs. Balram Prasad Sharma, (2000) 7 SCC 264:

The Hon'ble Supreme Court held that an advocate's professional obligation arises only upon an unequivocal engagement. In the present case, the Respondent was never formally engaged as the complainant's advocate.

3.2 Mohinder Singh Gill vs. Chief Election Commissioner, AIR 1978 SC 851:

This authority emphasises that the truth of allegations must be determined on the basis of the record. The record in the present matter clearly establishes that the complainant's allegations are unfounded.

3.3 Ved Prakash Garg vs. Maghar Singh, (2001) 4 SCC 331:

The Hon'ble Supreme Court held that a litigant is bound by the acts of his chosen counsel. The complainant cannot absolve herself of her own responsibility by shifting the blame onto others.

In light of the submissions made above, it is evident that the allegations contained in the complaint are baseless and malicious, and constitute an attempt to misuse the forum of this Hon'ble Council. The Respondent's limited assistance to the complainant does not amount to professional misconduct. The complainant's failure to prosecute her civil suit diligently cannot, by any stretch, be attributed to the Respondent.

It is, therefore, most respectfully prayed that this Hon'ble Council may graciously be pleased to:

(Respondent's name)

IN THE HON'BLE COURT OF Name of court

RESPONDENT'S WRITTEN SUBMISSIONS

IN THE MATTER OF:

MOST RESPECTFULLY SHOWETH:

That the respondent most respectfully submits these written submissions in order to rebut and expose the baseless and malicious allegations levelled by the complainant, Ms. Complainant's name, in the complaint filed before this Hon'ble Court. The respondent asserts that the complainant has initiated these proceedings in bad faith, with the sole object of harassing the respondent and deriving an undue advantage in her unrelated personal disputes. These submissions set out a comprehensive account of the facts, the legal position, and the complainant's ulterior motives.

That the allegations made by the complainant against the respondent are not only baseless but also form part of a calculated strategy to deflect attention from her own wrongful acts. The complaint is devoid of merit, both on facts and in law. The respondent has no involvement in the matters alleged by the complainant and unequivocally denies each and every accusation.

That the complainant has deliberately misused the legal process in order to malign the reputation of the respondent and to drag him into frivolous litigation. By initiating these baseless proceedings, the complainant seeks to undermine the sanctity of the judicial process. Such conduct constitutes an abuse of the legal system and deserves to be condemned.

That by filing the present complaint, the complainant has attempted to shift the blame for her own wrongs onto the respondent. It is pertinent to point out that the complainant has no rightful claim over the property in question, as she is merely a tenant. This Hon'ble Court has already observed that the claims of the complainant are unfounded. Despite this, the complainant has sought to implicate the respondent in a matter in which he has no fault or role. This clearly demonstrates her intention to secure an undue advantage for herself and to cause wrongful loss to the respondent.

That the complainant had filed a revision petition before the Hon'ble High Court challenging the order dated Date of order challenged in revision. The Hon'ble High Court dismissed the petition with costs and passed the following order on Date of High Court order:

*"The Trial Court had rightly considered the submissions and noted that this is unjustifiable and inordinate delay for no reason whatsoever having come forward. The averments made in the application clearly make out no case for a recall of the order dated Date of recall order.

This Court has been informed that the suit pending in the Trial Court is a suit for partition inter se the family of the parties. The applicant before the Court was defendant no.4. She was an outsider. She was not a part of the family.

Be that as it may, this Court is of the view that the impugned order in this background declining recall of the order which had been passed more than 3½ years ago deserved no sympathy. The delay in filing the application seeking setting aside of this order in no manner can be referred to be justifiable to make out a case for allowing the petitioner to file his written statement so belatedly. The conduct of the petitioner is not only lackadaisical but borders on negligence. Law of limitation cannot be ignored. Petition is dismissed with costs of Rs.Costs imposed (₹)/-."*

That the observations of the Hon'ble High Court clearly establish that the complaint of the complainant is devoid of merit and that her conduct was negligent. Despite such a clear dismissal, the complainant has chosen to persist with her malicious campaign against the respondent.

That the actions of the complainant are driven by malice and by a desire to shift blame for her own failures onto the respondent. By levelling baseless allegations against the respondent, the complainant seeks to cure her own wrongful acts while causing undue harassment to the respondent. The respondent was never a party to the original proceedings and has no stake or involvement in the property dispute. The conduct of the complainant is evidently aimed at achieving wrongful gain for herself and causing wrongful loss to the respondent.

That the respondent has no connection whatsoever with the matter raised by the complainant. It is an undisputed fact that the respondent was not a party to the said proceedings, nor does he have any entitlement to the property in question. The attempt of the complainant to impute fault to the respondent is baseless and serves no purpose, whether in law or on facts, other than harassment.

That the persistence of the complainant in pursuing baseless litigation, despite adverse findings recorded by the higher courts, demonstrates a blatant disregard for legal principles and judicial propriety. The Hon'ble High Court, in its order dated Date of High Court order, explicitly observed that the conduct of the complainant was negligent and unjustifiable. Her actions amount to nothing short of an abuse of the process of law.

That by falsely implicating the respondent, the complainant seeks to derive wrongful benefits and to inflict unwarranted harm upon the respondent. Such conduct amounts to malicious prosecution, and the respondent reserves the right to pursue appropriate legal remedies against the complainant.

That in light of the above submissions, it is, therefore, most respectfully prayed that this Hon'ble Court may graciously be pleased to:

And for this act of kindness, the respondent, as in duty bound, shall ever pray.

The respondent assures this Hon'ble Court of his full cooperation and seeks protection from the baseless and malicious actions of the complainant.

Date: Date of signing

Place: Place of signing

Signature of the Counsel for the Respondent

Name and Address of the Counsel: