Litigant needs to be vigilant, says HC

litigant has to be vigilant of his rights and the judicial proceedings pending in the court of law against him or initiated at his instance, the Delhi High Court has said adding that the advocate cannot be blamed entirely if the litigant leaves the case at the mercy of the counsel.

Justice Vijay Goel made the remark while hearing the plea of a city-based company seeking condonation of 400 days delay in filing appeal against an August 2015 order passed by a trial court here against the company.

The company had challenged the trial court’s verdict directing it to pay about Rs 14 lakh to another company with interest.

The company blamed their advocate for being negligent in not attending the court proceedings and not informing them about the progress of the case. The company alleged their advocate did not give it the copies of documents and papers related to the case, making them unaware of the factual state of affairs of the case.

Justice Goel, however, was not impressed by the argument.

“It appears that the blame is being attributed on the advocate with a view to get the delay condoned and avoid the decree (order),” Justice Goel said.

After filing the civil suit, the litigant cannot go off to sleep and wake up from a deep slumber after passing a long time as if the court is storage of the suits filed by such negligent litigants, the court remarked.

“The litigant is to be vigilant and pursue his case diligently on all the hearings. If the litigant does not appear in the court and leaves the case at the mercy of his counsel without caring as to what different frivolous pleas/ defences being taken by his counsel for adjournments is bound to suffer,” the court said.

While dismissing the plea, the court commented that the appellant is not a simple or rustic illiterate person but a private limited company managed by educated businessmen, who know very well where their interest lies.