2 Answers
Dear Client,
If your previous lawyer has failed to appear in court and an order was passed in your brother's absence (ex parte order), that order can usually be challenged. Your brother can file an application to set aside the ex-parte order to seek restoration before the same court, explaining that he was not negligent and that the lawyer representing failed to represent him properly.
Firstly, you need to obtain a certified copy of the court order and complete case file directly from the court.
Therefore, instead of simply agreeing to pay, your brother should legally contest the claim with proper representation.
For further legal guidance feel free to contact us.
Dear Sir,
Get certified copies of:
Petition filed by wife
Order granting maintenance
Case proceedings (order sheet)
Engage a new competent advocate immediately (Family Court specialist).
Depending on the order passed:
If ex-parte order →
File application to set aside ex-parte order with reasons:
Lawyer’s negligence
No intentional absence
If interim maintenance order →
File:
Application for modification / reduction
Detailed objections with evidence
Courts do consider advocate’s fault if properly explained.