The Division Bench comprising Justices JB Pardiwala and R Mahadevan refused to condone a 534-day delay in filing an appeal.
NEW DELHI: The Supreme Court emphasized that litigants must actively oversee their cases and cannot simply blame their lawyers for delays in case progress.
The Division Bench comprising Justices JB Pardiwala and R Mahadevan refused to condone a 534-day delay in filing an appeal.
“We have observed a growing trend where litigants attribute delays to their lawyers’ negligence. Even if a lawyer is careless, this alone cannot justify condoning a prolonged and unreasonable delay. Litigants have a duty to remain vigilant about their rights and the judicial proceedings they initiate,” the Court stated.
The petitioners had originally approached the Himachal Pradesh High Court, challenging a civil court’s order that favored their opponent. However, their appeal to the High Court was filed 534 days late. Initially, the High Court condoned the delay, citing that litigants should not suffer due to their lawyer’s negligence.
This decision was later contested by the opposing party through a revision plea, leading the High Court to overturn its earlier order. Consequently, the petitioners moved the Supreme Court, seeking condonation of the delay.
BRIEF FACTS
On November 21, the Supreme Court dismissed their plea, reiterating that litigants cannot evade responsibility by solely blaming their lawyers.
“The entire blame has been placed on the advocate who represented the petitioners in the trial court. Litigants cannot completely disown their advocates and shift all responsibility onto them to seek relief,” the Court concluded.
Advocates Aditya Dhawan, Kiran Dhawan, and Chander Shekhar Ashri represented the petitioners, while Advocates Rajesh Gupta, Harpreet Singh, and Sumit R Sharma appeared for the respondent.
