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Civil · Reportable judgment

Rajneesh Kumar & Anr. vs Ved Prakash

Court
Supreme Court of India
Date
21 November 2024
Case No.
S.L.P. (Civil) No(s). 935-936 of 2021
Result
Dismissed
Bench
J.B. Pardiwala, R Mahadevan
Citation
[2024] 11 S.C.R. 1466 : 2024 INSC 891
Supreme Court Reports [2024] 11 S.C.R. 1466 : 2024 INSC 891
Issue for consideration
Whether the litigant can be permitted to throw the entire blame on the head of the advocate for the delay in preferring appeal.
Headnote

Delay – Condonation of delay – The petitioners-plaintiffs herein were dissatisfied with the ex parte order passed in the counter claim and challenged the same before the first appellate court by way of an appeal – However, the appeal was time barred by 534 days – First Appellate Court condoned the delay of 534 days in preferring appeal on the ground that the litigant should not suffer on account of negligence on the part of the advocate – Respondent-defendant challenged the same before the High Court – The High Court quashed and set aside the order passed by the Appellate Court condoning delay of 534 days:

Held: The entire blame has been thrown on the head of the advocate who was appearing for the petitioners in the trial court – This Court has noticed over a period of time a tendency on the part of the litigants to blame their lawyers of negligence and carelessness in attending the proceedings before the court – Even if it is assumed for a moment that the concerned lawyer was careless or negligent, this, by itself, cannot be a ground to condone long and inordinate delay as the litigant owes a duty to be vigilant of his own rights and is expected to be equally vigilant about the judicial proceedings pending in the court initiated at his instance – The litigant, therefore, should not be permitted to throw the entire blame on the head of the advocate and thereby disown him at any time and seek relief – There is no error of law in the impugned judgment of the High Court warranting interference. [Paras 10, 13]

Keywords: Delay · Condonation of delay · Appeal time barred · Negligence of advocate · Litigant

As published in the Supreme Court Reports, Supreme Court of India. Headnotes prepared by: Ankit Gyan. Text from the Indian Supreme Court Judgments open data set (Dattam Labs), CC BY 4.0.

Full Judgment Text

Order 1. Special Leave Petition (Civil) No. 935 of 2021 arises from the order passed by the High Court of Himachal Pradesh dated 09.12.2019 in the Civil Revision Application No. 96 of 2019 by which the High Court allowed the Civil Revision Application filed by the original defendant/counter claimant and thereby quashed and set aside the order passed by the District Judge, Shimla condoning the delay of more than 534 days in filing the appeal by the petitioners herein (original plaintiffs). 2. Special Leave Petition (Civil) No. 936 of 2021 arises from the order passed by the High Court in Revi
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