Litigant Must Be Vigilant, Can't Blame Advocate For Delay & Negligence

Litigant Must Be Vigilant, Can’t Blame Advocate For Delay & Negligence

The Supreme Court has observed that litigants cannot fully blame their lawyers for their lack of due care and diligence. The Court also noted the growing trend of litigants accusing their lawyers of being irresponsible and negligent when they fail to appear in court.

While refusing to excuse the 534-day delay in filing an appeal, the Court noted this important observation. The High Court’s rejection to grant a postponement was the subject of the petition filed under Article 136 of the Constitution. The advocate was held accountable by the party for the delay.The court, which included Justices J B Pardiwala and R Mahadevan, disapproved of this strategy and noted:

“It seems that the advocate who represented the petitioners in the trial court has been held solely responsible. Over time, we have observed a tendency on the part of the litigants to accuse their lawyers of being reckless and negligent in their attendance at court proceedings. The litigant has a responsibility to be aware of his own rights and is expected to be equally aware of the court proceedings that are ongoing at his request. Therefore, even if we assume for a moment that the concerned lawyer was careless or negligent, this alone cannot be a reason to excuse a protracted and excessive delay. Therefore, the litigant should not be allowed to place all the guilt on the advocate’s head, disowning him at any point and requesting relief.

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