WRITTEN SUBMISSIONS ON BEHALF OF THE RESPONDENT

BEFORE THE BAR COUNCIL OF DELHI
IN THE MATTER OF: Complaint filed by Ms. Xxxxxxxxx dated xxxxxxxxx.

Respected Members of the Council,

The Respondent humbly submits the following written submissions in response to the complaint filed by Ms. Xxxxxxxxx. These submissions are made in light of the facts, evidence, judicial precedents, and the conduct of the complainant, which reveal the lack of merit in her allegations.

1. Preliminary Submissions

1.1 False Complaint to Conceal Complainant’s Own Negligence:
The complainant, Ms. Xxxxxxxxx, 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 filing the written statement in the suit titled Xxxxxxxxx.

1.2 Role of Respondent:
The Respondent’s role was limited to introducing the complainant to Mr. xxxxx, Advocate, at her specific request. The complainant consciously engaged Mr. xxxx, who filed his own printed vakalatnama on her behalf. The Respondent only assisted with ancillary tasks like noting hearing dates at her brother's request, without charging 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 29.11.2011. 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 did not file the written statement or pursue her legal remedies for over 3.5 years. The Hon'ble Court’s order dated xxxxxxx in CRP xx/xxxx highlights her lackadaisical and negligent conduct, dismissing her petition with costs.

1.5 Malafide Intent to Shift Liability and Gain Wrongful Advantage:
By filing this complaint and leveling 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 in 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 to prosecute in this Council.

2. Legal and Factual Submissions

2.1 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 documentary evidence:

• The vakalatnama filed in the civil suit was that of Mr. xxxxx, not the Respondent.
• The complainant signed and verified the application under Order 7 Rule 10 & 11 CPC, which was filed by Mr. xxxx.
• The Hon'ble Court in its order dated xx.xx.xxxx observed that the complainant’s previous counsel acted diligently by filing the said application.

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

2.2 Shifting the Burden of Ex-Parte Decree:
The complainant has wrongly shifted the burden of the ex-parte decree upon the Respondent. The decree was passed due to her own failure to file the written statement within the prescribed period and her inaction for 3.5 years. The Hon'ble Court’s order dated xx.xx.xxxx 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 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 xx.xxx.xxxx dismissed the complainant’s petition, 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 xx.xx.xxxx.
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.xxxxx/-."

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 Respondent:
The complainant’s allegation of unprofessional and unethical conduct is baseless. The Respondent had no role in the substantive handling of her civil case. The complaint appears to be an afterthought to cover up her own procedural lapses and to gain undue advantage in her civil suit.

3. Relevant Judicial Precedents

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 when there is 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 emphasizes that courts should rely on the record to determine the truth of allegations. The record in this matter clearly shows that the complainant’s allegations 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 their chosen counsel. The complainant cannot absolve herself of responsibility by shifting the blame to others.

4. Conclusion and Prayer

In light of the above submissions, it is evident that the complainant’s allegations are baseless, malicious, and 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, respectfully prayed that this Hon'ble Council:

1.     Dismiss the complaint dated xxxxxxxxx filed by Ms. Xxxxxxxxx with exemplary costs.

2.     Initiate appropriate proceedings under Section 340 Cr.P.C. against the complainant for filing a false and malicious complaint.

3.     Grant any other relief deemed fit in the interest of justice.

(Respondent)

IN THE HON'BLE COURT OF ______________

RESPONDENT'S WRITTEN SUBMISSION

IN THE MATTER OF:

______________________ Vs. _______________________

MOST RESPECTFULLY SHOWETH:

1. **Introduction and Background**

   The respondent humbly submits this detailed written submission to refute and expose the baseless and malicious allegations made by the complainant, Ms. Xxxxxxxxx, 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 undue advantage in her unrelated personal disputes. This submission provides a comprehensive account of the facts, legal positions, and the complainant's ulterior motives.

2. **The Allegations are Baseless and Malicious**

   The complainant's allegations against the respondent are not only baseless but are also part of a calculated strategy to deflect from her own wrongful acts. The complaint lacks merit both factually and legally. The respondent has no involvement in the matters alleged by the complainant and denies all accusations unequivocally.

3. **Misuse of Legal Process**

   The complainant has deliberately misused the legal process to malign the respondent's reputation and 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 must be condemned.

4. **Attempt to Shift Blame**

   By filing this complaint, the complainant has attempted to shift 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 where 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. **High Court Order Dismissing the Revision Petition**

   The complainant had filed a revision petition before the Hon'ble High Court challenging the order dated xxxxxxx. The Hon'ble High Court dismissed the petition with costs and passed the following order on xxxxxx:

   *"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 xxxxxx.

   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.xxxxx/-.*"

   The Hon'ble High Court's observations 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.

6. **The Complainant's Malicious Intent**

   The complainant's actions are driven by malice and a desire to shift blame onto the respondent for her own failures. By leveling baseless allegations against the respondent, the complainant aims 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 causing wrongful loss to the respondent.

7. **Relevant Case Laws and Precedents**

   a) *State of Haryana v. Bhajan Lal*, 1992 AIR 604, 1992 SCR (1) 345: This judgment outlines the misuse of criminal law and highlights that frivolous and vexatious litigation must be quashed to prevent abuse of the process of law.

   b) *Dalip Singh v. State of U.P.*, (2010) 2 SCC 114: The Hon'ble Supreme Court observed that "a litigant, who attempts to abuse the judicial process, deserves to be penalized and prosecuted for making false statements before the Court."

   c) *Bandhua Mukti Morcha v. Union of India*, AIR 1984 SC 802: The judgment emphasized that justice cannot be sacrificed at the altar of mere procedural compliance, especially when a party is found guilty of misconduct or abuse of process.

   d) *K.K. Modi v. K.N. Modi*, (1998) 3 SCC 573: The Hon'ble Court held that frivolous litigation must not be encouraged, and parties attempting to misuse legal procedures for personal gain should be dealt with severely.

8. **Respondent's Non-Involvement**

   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.

9. **The Complainant's Defiance of Legal Principles**

   The complainant's persistence 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 xxxxxx, explicitly stated that the complainant's conduct was negligent and unjustifiable. Her actions are nothing short of an abuse of process.

10. **Wrongful Gain and Loss**

   By falsely implicating the respondent, the complainant seeks to gain wrongful benefits and 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.

11. **Prayer**

    In light of the above submissions, the respondent respectfully prays that this Hon'ble Court:

    a) Dismiss the complaint filed by the complainant with exemplary costs;

    b) Declare that the allegations made against the respondent are baseless, malicious, and an abuse of process;

    c) Grant any other relief or order that this Hon'ble Court may deem fit and proper in the interest of justice.

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

   **Date:** ____________

   **Place:** ____________

   **Signature of the Respondent's Counsel**

   **Name and Address of the Counsel:**