Written submissions in reply to complaint before Bar Council of Delhi denying professional misconduct

BEFORE THE BAR COUNCIL OF DELHI

IN THE MATTER OF:

Complaint filed by Ms. Complainant's name dated Date of complaint

WRITTEN SUBMISSIONS IN REPLY ON BEHALF OF THE RESPONDENT

Respected Members of the Council,

The Respondent most respectfully submits the following written submissions in reply to the complaint filed by Ms. Complainant's name. These submissions are made on the basis 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 made in the complaint are devoid of merit.

1. PRELIMINARY SUBMISSIONS

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

That the complainant, Ms. Complainant's name, has approached this Hon'ble Council with unclean hands. The complaint has been filed with the ulterior motive of concealing the complainant's own negligence and the inordinate delays attributable to her in prosecuting her civil suit. The Respondent was never the appointed counsel of the complainant, nor was the Respondent responsible for filing the written statement in the suit titled Plaintiff's name vs. Defendant's name.

1.2 Limited Role of the Respondent:

That the role of the Respondent was confined to introducing the complainant to Mr. Name of advocate introduced to complainant, Advocate, at her specific request. The complainant thereafter consciously engaged Mr. Name of advocate engaged by complainant, who filed his own printed vakalatnama on her behalf. The Respondent merely rendered ancillary assistance, such as noting the dates of hearing at the request of the complainant's Relative of the complainant who requested the Respondent to note hearing dates, and that too without charging any professional fee. Such limited assistance does not, and cannot, amount to legal representation.

1.3 Concealment of Material Facts by the Complainant:

That 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 was signed by the complainant and verified before the Oath Commissioner, which conclusively establishes her knowledge of the proceedings in the suit and her active participation in the decision-making process. Her assertion that she remained ignorant of the proceedings until 2015 is, therefore, wholly baseless.

1.4 Lack of Diligence on the Part of the Complainant:

That despite being fully aware of the proceedings, the complainant neither filed the written statement nor pursued her available legal remedies for a period of over three and a half years. The order dated Date of High Court order in CRP passed by the Hon'ble High Court in CRP CRP number expressly notices her lackadaisical and negligent conduct, and dismisses her petition with costs.

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

That by instituting the present complaint and levelling baseless allegations against her advocate, 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 whatsoever in the conduct of the substantive 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 disputed property. The complainant's actions are manifestly aimed at deriving a wrongful advantage for herself while causing wrongful loss to the Respondent, and for such conduct the Respondent cannot be made to answer before this Hon'ble Council.

2. LEGAL AND FACTUAL SUBMISSIONS

2.1 The Complainant's Allegations Are Unsupported by Evidence:

That the complainant's assertion that the Respondent acted as her counsel and failed to file the written statement is squarely 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 The Burden of the Ex-Parte Decree Has Been Wrongly Shifted onto the Respondent:

That the complainant has wrongly sought to fasten the burden of the ex-parte decree upon the Respondent. The decree was passed solely on account of her own failure to file the written statement within the prescribed period and her inaction for over three and a half years. The order dated Date of High Court order on recall application passed by the Hon'ble High Court 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 throughout, and she cannot attribute her own failures to the Respondent, who was never her advocate.

2.3 Judicial Observations Made Against the Complainant:

That the Hon'ble Delhi High Court, by its order dated Date of High Court dismissal order, 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 order sought to be recalled.

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.10,000/-."

The said judgment underscores the failure of the complainant to pursue her remedies diligently, and further discredits the allegations levelled by her against the Respondent.

2.4 No Professional Misconduct Attributable to the Respondent:

That the allegation of unprofessional and unethical conduct made against the Respondent is wholly baseless. The Respondent had no role whatsoever in the substantive handling of the civil case of the complainant. The complaint appears to be a mere afterthought, instituted to cover up the complainant's own procedural lapses and to derive an undue advantage in her civil suit.

3. RELEVANT JUDICIAL PRECEDENTS

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

That the Hon'ble Supreme Court held that a professional obligation arises upon an advocate only where there is an unequivocal engagement. In the present case, the Respondent was never formally engaged as the advocate of the complainant.

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

That it has been emphasised that courts and tribunals must rely upon the record to determine the truth of the allegations made. The record in the present matter clearly demonstrates that the allegations of the complainant are unfounded.

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

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

4. CONCLUSION AND PRAYER

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 limited assistance rendered by the Respondent to the complainant does not amount to professional misconduct, and the failure of the complainant to prosecute her civil suit diligently cannot be attributed to the Respondent.

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

Name of the Respondent

(Respondent)

IN THE HON'BLE Name of court

RESPONDENT'S WRITTEN SUBMISSIONS IN REPLY

BEFORE THE BAR COUNCIL OF DELHI

IN THE MATTER OF:

Complaint filed by Complainant's name dated Date of complaint

WRITTEN SUBMISSIONS ON BEHALF OF THE RESPONDENT

MOST RESPECTFULLY SHOWETH:

1.1 That the Respondent humbly tenders these detailed written submissions in reply in order to refute and expose the baseless and malicious allegations made by the Complainant, Complainant's name, in the complaint filed before this Hon'ble Council. The Respondent asserts that the Complainant has initiated these proceedings in bad faith, with the sole intention of harassing the Respondent and gaining an undue advantage in her unrelated personal disputes. These submissions furnish a comprehensive account of the facts, the legal positions, and the Complainant's ulterior motives.

2.1 That the allegations levelled 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 all the accusations.

3.1 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.

4.1 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 highlight that the Complainant has no rightful claim over the property in question, being merely a tenant therein. This has already been observed by the Hon'ble Court, which found the Complainant's claims to be 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.

5.1 That the Complainant had filed a revision petition before the Hon'ble High Court challenging the order dated Date of trial court order challenged in revision. The Hon'ble High Court dismissed the petition with costs and passed the following order on Date of High Court dismissal 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 order sought to be recalled.

This Court has been informed that the suit pending in the Trial Court is a suit for Nature of the suit pending before the trial court inter se the family of the parties. The applicant before the Court was defendant no. Applicant's number as defendant in the suit. 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 Period of delay (in years) before filing the application 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.Amount of costs imposed (₹)/-."

5.2 That the observations of the Hon'ble High Court clearly establish the want of merit in the Complainant's case and her negligent conduct. Despite such a clear dismissal, the Complainant has chosen to continue her malicious campaign against the Respondent.

6.1 That the actions of the Complainant are driven by malice and a desire to shift blame onto the Respondent for her own failures. 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 case and has no stake or involvement in the property dispute. The conduct of the Complainant is clearly aimed at achieving wrongful gain for herself and causing wrongful loss to the Respondent.

7.1 That the Respondent relies upon the following judgments:

8.1 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 in the said case, 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 legal or factual purpose other than harassment.

9.1 That the persistence of the Complainant in pursuing baseless litigation, despite adverse findings 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 are nothing short of an abuse of process.

10.1 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 his right to seek appropriate legal remedies against the Complainant.

11.1 In light of the above submissions, it is, therefore, most respectfully prayed that this Hon'ble Council may graciously be pleased to:

11.2 The Respondent assures this Hon'ble Council of his full cooperation and seeks protection from the baseless and malicious actions of the Complainant.

Date: Date of filing

Place: Place of filing

Signature of the Respondent's Counsel

Name and Address of the Counsel:

Respected Members of the Council,

The Respondent humbly tenders the following written submissions in response to the complaint filed by Complainant's name. These submissions are made in light of the facts, the evidence, the judicial precedents, and the conduct of the Complainant, all of which reveal the want of merit in her allegations.

1.1 False complaint to conceal the Complainant's own negligence: The Complainant, Complainant's name, has approached this Hon'ble Council with unclean hands. She has filed this complaint with the ulterior motive of covering up her own negligence and delays in prosecuting her civil suit. The Respondent was neither her appointed counsel nor responsible for the filing of the written statement in the suit titled Plaintiff's name vs. Defendant's name.

1.2 Role of the Respondent

The role of the Respondent was confined to introducing the complainant to Mr. Name of advocate introduced to complainant, Advocate, at her specific request. The complainant consciously engaged Mr. Name of advocate engaged by complainant, who filed his own printed vakalatnama on her behalf. The Respondent only extended limited assistance in ancillary tasks, such as noting the dates of hearing at the request of Person at whose request hearing dates were noted, and that too without charging any professional fee. Such limited assistance does not amount to legal representation.

1.3 Concealment of Material Facts by the Complainant

The complainant deliberately concealed the fact that she had filed an application under Order 7 Rule 10 & 11 CPC on Date of application under Order 7 Rule 10 & 11 CPC. The said application was signed by her and verified before the Oath Commissioner, which demonstrates her knowledge of the proceedings in the case and her active involvement in the decision-making process. Her claim of ignorance of the case proceedings until Year till which complainant claims ignorance of proceedings 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 of Period of complainant's inaction in the proceedings. The order dated Date of High Court order in CRP passed by the Hon'ble Court in CRP CRP number highlights her lackadaisical and negligent conduct, as her petition was dismissed with costs.

1.5 Malafide Intent to Shift Liability and to Gain Wrongful Advantage

By filing the present complaint and levelling baseless allegations against her advocate (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 has no role in the substantive case. The Respondent was never a party to the civil suit, and the Hon'ble Court has also observed that the complainant, being a Complainant's status in respect of the disputed property, has no entitlement in the property in dispute. Her actions are evidently aimed at gaining a wrongful advantage for herself while causing wrongful loss to the Respondent, for which the Respondent cannot be held liable or prosecuted 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 is contradicted by the documentary evidence on record:

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

2.2 Shifting the Burden of the Ex-Parte Decree

The complainant has wrongly shifted the burden of the ex-parte decree onto the Respondent. The decree was passed owing to her own failure to file the written statement within the prescribed period and her inaction for a period of Period of complainant's inaction in the proceedings. The order dated Date of High Court order on recall application passed by the Hon'ble Court notes:

"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 failures to the Respondent, who was never her advocate.

2.3 Judicial Observations Against the Complainant

The Hon'ble Delhi High Court, in its order dated Date of High Court dismissal order, dismissed the petition of the complainant, observing:

"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 order sought to be recalled.

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.10,000/-."

This judgment underscores the failure of the complainant to pursue her remedies diligently and further discredits her allegations against the Respondent.

2.4 No Professional Misconduct by the Respondent

The allegation of unprofessional and unethical conduct made by the complainant is baseless. The Respondent had no role in the substantive handling of her civil case. The complaint appears to be an afterthought, intended to cover up her own procedural lapses and to gain 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 case emphasises that the courts should rely upon the record to determine the truth of allegations. The record in the present matter clearly shows that the allegations of the complainant are unfounded.

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

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

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

It is, therefore, most respectfully prayed that this Hon'ble Council may kindly:

(Respondent)

IN THE HON'BLE COURT OF Name of court

RESPONDENT'S WRITTEN SUBMISSION

IN THE MATTER OF:

MOST RESPECTFULLY SHOWETH:

The Respondent most respectfully submits this detailed written submission to refute and expose the baseless and malicious allegations made by the complainant, Ms. Complainant's name, in her complaint filed before this Hon'ble Court. The Respondent asserts that the complainant has initiated these proceedings in bad faith, with the sole intention of harassing the Respondent and gaining an undue advantage in her unrelated personal disputes. This submission sets out a comprehensive account of the facts, the legal position, and the ulterior motives of the complainant.

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 factually and legally. The Respondent has no involvement in the matters alleged by the complainant and unequivocally denies all the accusations levelled against him.

The complainant has deliberately misused the legal process in order to malign the respondent's reputation 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.

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

The complainant filed a revision petition before the Hon'ble High Court challenging the order dated Date of trial court order challenged in revision. The Hon'ble High Court dismissed the petition with costs and passed the following order on Date of High Court dismissal 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 order sought to be recalled.

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.Amount of costs imposed (₹) /-."*

The observations of the Hon'ble High Court clearly establish the complainant's lack of merit and her negligent conduct. Despite such a clear dismissal, the complainant has chosen to continue her malicious campaign against the respondent.

The complainant's actions are driven by malice and by a desire to shift the 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 case and has no stake or involvement in the property dispute. The complainant's conduct is clearly aimed at achieving wrongful gain for herself and at causing wrongful loss to the respondent.

The respondent has no connection to the matter raised by the complainant. It is an undisputed fact that the respondent was not a party in the said case, nor does he have any entitlement to the property in question. The complainant's attempt to impute fault to the respondent is baseless and serves no legal or factual purpose other than harassment.

The complainant's persistence in pursuing baseless litigation, despite adverse findings 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 complainant's conduct was negligent and unjustifiable. Her actions are nothing short of an abuse of process.

By falsely implicating the respondent, the complainant seeks to gain wrongful benefits and to inflict unwarranted harm upon the respondent. Such conduct amounts to malicious prosecution, and the respondent reserves his right to seek appropriate legal remedies against the complainant.

In light of the above submissions, the respondent most respectfully prays that this Hon'ble Council may be pleased to:

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

Date: Date of filing

Place: Place of filing

Signature of the Respondent's Counsel

Name and Address of the Counsel:

WRITTEN SUBMISSIONS ON BEHALF OF THE RESPONDENT

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 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, the evidence, the judicial precedents, and the conduct of the complainant, all of which reveal the lack of merit in her allegations.

1.1 False Complaint 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 this complaint with the ulterior motive of covering up her own negligence and the delays in prosecuting her civil suit. The respondent was neither her appointed counsel nor responsible for filing the written statement in the suit titled Plaintiff's name v. Defendant's name.

1.2 Role of the Respondent:

The respondent's role was limited to introducing the complainant to Mr. Name of advocate introduced to complainant, Advocate, at her specific request. The complainant consciously engaged Mr. Name of advocate engaged by complainant, who filed his own printed vakalatnama on her behalf. The respondent only assisted with ancillary tasks, such as noting the hearing dates at the request of the complainant's Relation of the person on whose request assistance was given, and that too without charging any professional fees. This limited assistance does not constitute legal representation.

1.3 Concealment of Material Facts by the Complainant:

The complainant deliberately concealed the fact that she filed an application under Order 7 Rule 10 & 11 CPC on Date of application under Order 7 Rule 10 & 11 CPC. This application, signed by her and verified before the Oath Commissioner, demonstrates her knowledge of the case proceedings and her active involvement in the decision-making. Her claim of ignorance regarding the case proceedings until Year until which the complainant claimed ignorance of the proceedings is, therefore, baseless.

1.4 Lack of Diligence by the Complainant:

Despite being fully aware of the proceedings, the complainant neither filed the written statement nor pursued her legal remedies for a period of more than 3.5 years. The order dated Date of High Court order in CRP passed by the Hon'ble Court in CRP CRP number highlights her lackadaisical and negligent conduct, whereby her petition was dismissed with costs.

1.5 Malafide Intent to Shift Liability and Gain Wrongful Advantage:

By instituting the present complaint and levelling baseless allegations against her advocate (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 played no role in the substantive 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 gaining a wrongful advantage for herself while causing wrongful loss to the Respondent, for which the Respondent cannot be held liable to face prosecution before this Council.

2.1 The Complainant's Allegations Are Unsupported by Evidence:

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

These facts conclusively demonstrate that the Respondent was not representing the complainant in the civil suit.

2.2 Shifting the Burden of the Ex-Parte Decree:

The complainant has wrongly sought to shift the burden of the ex-parte decree onto the Respondent. The decree was passed owing to her own failure to file the written statement within the prescribed period and her inaction for a period of 3.5 years. The order dated Date of High Court order on recall application passed by the Hon'ble Court records:

“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 complainant's conduct has been negligent, and she cannot attribute her failures to the Respondent, who was not her advocate.

2.3 Judicial Observations Against the Complainant:

The Hon'ble Delhi High Court, in its order dated Date of High Court dismissal order dismissing the complainant's petition, observed:

"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 order sought to be recalled.

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.10,000/-."

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

2.4 No Professional Misconduct by the Respondent:

The complainant's allegation of unprofessional and unethical conduct is wholly baseless. The Respondent had no role in the substantive handling of her civil case. The complaint appears to be an afterthought, designed to cover up 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 decision emphasises that courts should rely upon the record to determine the truth of allegations. 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 their chosen counsel. The complainant cannot absolve herself of her responsibility by shifting the blame onto others.

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

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

(Respondent)

IN THE HON'BLE COURT OF Name of court

RESPONDENT'S WRITTEN SUBMISSION

IN THE MATTER OF:

Defendant's name

MOST RESPECTFULLY SHOWETH:

The Respondent humbly submits this detailed written submission to refute and expose the baseless and malicious allegations made by the complainant, Ms. Complainant's name, in her complaint filed before this Hon'ble Court. The Respondent asserts that the complainant has initiated these proceedings in bad faith, with the sole intention of harassing the Respondent and gaining an undue advantage in her unrelated personal disputes. This submission sets out a comprehensive account of the facts, the legal positions, and the complainant's ulterior motives.

The complainant's allegations 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 all the accusations.

The complainant has deliberately misused the legal process 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.

By instituting the present complaint, the complainant has attempted to shift the blame for her own wrongs onto the Respondent. It is pertinent to highlight 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 complainant's claims are unfounded. Despite this, the complainant has sought to implicate the Respondent in a matter in which he has no fault and no role. This clearly demonstrates her intention to secure an undue advantage for herself and to cause wrongful loss to the Respondent.

The complainant had filed a revision petition before the Hon'ble High Court challenging the order dated Date of trial court order challenged in revision. The Hon'ble High Court dismissed the petition with costs and passed the following order on Date of High Court dismissal 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 order sought to be recalled.

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.Amount of costs imposed (₹)/-."*

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

The actions of the complainant are driven by malice and by a desire to shift blame onto the respondent for her own failures. 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 case and has no stake or involvement in the property dispute. The conduct of the complainant is clearly aimed at achieving wrongful gain for herself and causing wrongful loss to the respondent.

The respondent has no connection with the matter raised by the complainant. It is an undisputed fact that the respondent was not a party in the said case, 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 legal or factual purpose other than harassment.

The persistence of the complainant in pursuing baseless litigation, despite adverse findings by 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, expressly observed that the conduct of the complainant was negligent and unjustifiable. Her actions amount to nothing short of an abuse of process.

By falsely implicating the respondent, the complainant seeks to obtain wrongful benefits and to inflict unwarranted harm upon the respondent. Such conduct amounts to malicious prosecution, and the respondent reserves the right to seek appropriate legal remedies against the complainant.

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

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

Signature of the Respondent's Counsel

Name and Address of the Counsel:

WRITTEN SUBMISSIONS ON BEHALF OF THE RESPONDENT

BEFORE THE BAR COUNCIL OF DELHI

IN THE MATTER OF:

Respected Members of the Council,

The respondent 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, evidence, judicial precedents, and the conduct of the complainant, all of which reveal the lack of merit in the allegations made therein.

1.1 False Complaint to Conceal Complainant's Own Negligence:

The complainant, Ms. Complainant's name, has approached this Hon'ble Council with unclean hands. She has filed this complaint with the ulterior motive of covering up her own negligence and the delays in prosecuting her civil suit. The respondent was neither her appointed counsel nor responsible for filing the written statement in the suit titled Plaintiff's name vs. Defendant's name.

1.2 Role of Respondent:

The role of the respondent was limited to introducing the complainant to Mr. Name of advocate introduced to complainant, Advocate, at her specific request. The complainant consciously engaged Mr. Name of advocate engaged by complainant, who filed his own printed vakalatnama on her behalf. The respondent only assisted with ancillary tasks, such as noting hearing dates at the request of her brother, without charging any professional fee. This limited assistance does not constitute legal representation.

1.3 Concealment of Material Facts by the Complainant:

The complainant deliberately concealed the fact that she filed an application under Order 7 Rule 10 & 11 CPC on Date of application under Order 7 Rule 10 & 11 CPC. This application, signed by her and verified before the Oath Commissioner, demonstrates her knowledge of the case proceedings and her active involvement in decision-making. Her claim of ignorance regarding the case proceedings until 2015 is, therefore, baseless.

1.4 Lack of Diligence by Complainant:

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

1.5 Malafide Intent to Shift Liability and Gain Wrongful Advantage:

By filing this complaint and levelling baseless allegations against her advocate (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 has no role in the substantive case. The respondent was never a party to the civil suit, and the Hon'ble Court has also observed that the complainant, as a tenant, has no entitlement to the property in dispute. Her actions are clearly aimed at gaining wrongful advantage for herself while causing wrongful loss to the respondent, for which the respondent cannot be held liable or prosecuted before this Hon'ble Council.

2. Legal and Factual Submissions

2.1 Complainant's Allegations Are Unsupported by Evidence:

The complainant's assertion that the Respondent acted as her counsel and failed to file the written statement is squarely 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 the Burden of the Ex-Parte Decree:

The complainant has wrongly sought to shift the burden of the ex-parte decree onto the Respondent. The decree was passed owing to her own failure to file the written statement within the prescribed period and her inaction for a period of three and a half years. The Hon'ble Court, in its order dated Date of High Court order on recall application, noted:

The complainant's conduct 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, dismissed the complainant's petition, observing:

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

2.4 No Professional Misconduct by the Respondent:

The complainant's allegation of unprofessional and unethical conduct is baseless. The Respondent had no role whatsoever in the substantive handling of her civil case. The complaint appears to be an afterthought, resorted to in order to conceal the complainant's own procedural lapses and to gain 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 case emphasises that courts must rely upon the record to determine the truth of allegations. The record in the present matter clearly demonstrates 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 their chosen counsel. The complainant cannot absolve herself of responsibility by shifting the blame onto others.

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

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

(Respondent)

IN THE HON'BLE COURT OF Name of court

RESPONDENT'S WRITTEN SUBMISSION

IN THE MATTER OF:

MOST RESPECTFULLY SHOWETH:

The Respondent humbly submits these detailed written submissions to refute and expose the baseless and malicious allegations made by the complainant, Ms. Complainant's name, in her complaint filed before this Hon'ble Court. The Respondent asserts that the complainant has initiated these proceedings in bad faith, with the sole intention of harassing the Respondent and gaining 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.

The complainant's allegations 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 factually and legally. The Respondent has no involvement in the matters alleged by the complainant and unequivocally denies all the accusations made against him.

The complainant has deliberately misused the legal process to malign the Respondent's reputation 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.

By filing the present complaint, the complainant has attempted to shift the blame for her own wrongs onto the Respondent. It is pertinent to highlight 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 complainant's claims 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.

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

The observations made by the Hon'ble High Court clearly establish that the complaint is devoid of merit and that the complainant herself acted negligently. Despite such a clear dismissal, the complainant has chosen to persist with her malicious campaign against the respondent.

The complainant's actions are actuated by malice and by a desire to shift the blame for her own failures onto the respondent. By levelling baseless allegations against the respondent, the complainant seeks to conceal her own wrongful acts while subjecting the respondent to undue harassment. The respondent was never a party to the original proceedings and has no stake in, or involvement with, the property dispute. The complainant's conduct is evidently aimed at securing wrongful gain for herself and inflicting wrongful loss upon the respondent.

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 complainant's attempt to fasten blame upon the respondent is baseless and serves no legal or factual purpose other than harassment.

The complainant's persistence in pursuing baseless litigation, despite adverse findings 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, expressly observed that the complainant's conduct was negligent and unjustifiable. Her actions amount to nothing short of an abuse of process.

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

In light of the submissions made above, the respondent most respectfully prays that this Hon'ble Court may be pleased to:

It is, therefore, most respectfully prayed that this Hon'ble Court may graciously be pleased to grant the reliefs set out above, and the respondent assures this Hon'ble Court of his full cooperation while seeking protection from the complainant's baseless and malicious actions.

Date: Date of filing

Place: Place of filing

Signature of the Respondent's Counsel

Name and Address of the Counsel: