Litigant must be vigilant of proceedings, cannot cast entire blame on advocate: Delhi HC
By Team Legistify / 2017-06-29

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The Delhi High Court last month held that the litigant has a duty to be vigilant of the judicial proceedings pending against him or initiated at his instance.

The facts of the case were that Moddus Media Pvt. Ltd. had filed an application for condonation of 400 days’ delay in filing an appeal against an adverse judgment. The applicant claimed that their counsel Pradeep Kumar misled them by assuring them that he was taking care of the matter, when he had in fact stopped attending the proceedings.

It was further alleged that after the judgment and decree was passed on August 31, 2015, the counsel informed them that the civil suit filed by the respondent/plaintiff company has been dismissed by the Court and that there was no need to panic.

The applicants claimed that they requested their lawyer to provide copies of documents and the court order. It was also alleged that towards the end of 2015, the company’s authorised representative again requested the counsel to give him copies of all the documents. Despite reassurances that he would do so, the lawyer failed to provide the documents.

They tried to contact the counsel several times through SMS/WhatsApp messages, but to no avail.

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