2024 (11) TMI 1408 - SC - Indian Laws

Condonation of delay of more than 534 days in filing the appeal - HELD THAT - It appears that the entire blame has been thrown on the head of the advocate who was appearing for the petitioners in the trial court. We have 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 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. Conclusion - There are no error not to speak of any error of law in the impugned judgment of the High Court warranting interference in exercise of our jurisdiction under Article 136 of the Constitution of India. Petition dismissed.

Summary

1. ISSUES PRESENTED and CONSIDERED

The core legal questions considered in this judgment are:

• Whether the delay of 534 days in filing the appeal by the petitioners (original plaintiffs) should be condoned.
• Whether the High Court was justified in quashing the order of the first appellate court that condoned the delay.
• Whether the petitioners approached the court with clean hands, particularly regarding their knowledge of the counter-claim proceedings.
• The extent to which a litigant can blame their legal representative for procedural delays and negligence.

2. ISSUE-WISE DETAILED ANALYSIS

Issue 1: Condonation of Delay

• Relevant legal framework and precedents: The court referred to the principle that the law assists those who are vigilant and not those who sleep over their rights, as established in the precedent of Bharat Barrel & Drum MFG Co. v. The Employees State Insurance Corporation.
• Court's interpretation and reasoning: The court emphasized that the litigant has a duty to be vigilant about their rights and the judicial proceedings initiated at their instance. The delay was not adequately justified, as the petitioners failed to demonstrate due diligence.
• Key evidence and findings: The petitioners were aware of the counter-claim proceedings but failed to take timely action, attributing the delay to their previous counsel's negligence.
• Application of law to facts: The court applied the principle that litigants cannot entirely blame their advocates to excuse procedural delays, especially when they had knowledge of the proceedings.
• Treatment of competing arguments: The petitioners argued for a liberal approach in condoning delay due to their counsel's negligence, but the court rejected this, citing the need for litigants to be vigilant.
• Conclusions: The delay of 534 days was not condoned, as the petitioners failed to demonstrate sufficient cause for such a prolonged delay.

Issue 2: High Court's Quashing of the Appellate Court's Order

• Relevant legal framework and precedents: The court relied on the principle that a party must approach the court with clean hands and should not conceal material facts.
• Court's interpretation and reasoning: The High Court found that the petitioners had deliberately concealed their knowledge of the counter-claim proceedings and attempted to gain an unfair advantage by blaming their counsel.
• Key evidence and findings: The petitioners were aware of the counter-claim on 22.03.2012 but did not disclose this in their application for restoration.
• Application of law to facts: The court applied the principle that litigants must act in good faith and cannot seek relief by concealing facts and blaming their legal representatives.
• Treatment of competing arguments: The petitioners' argument for condonation based on counsel's negligence was dismissed, as they had not acted in good faith.
• Conclusions: The High Court's decision to quash the appellate court's order was upheld, as the petitioners had not approached the court with clean hands.

3. SIGNIFICANT HOLDINGS

• Preserve verbatim quotes of crucial legal reasoning: "The advocate is the agent of the party. His acts and statements, made within the limits of authority given to him, are the acts and statements of the principal i.e., the party who engage him. It is true that in certain situations, the court may, in the interest of justice, set aside a dismissal order or an ex parte decree notwithstanding the negligence and/or misdemeanour of the advocate where it finds that the client was an innocent litigant but there is no such absolute rule that a party can disown its advocate at any time and seek relief."
• Core principles established: Litigants must be vigilant of their rights and judicial proceedings. They cannot solely blame their legal representatives for procedural lapses, especially when they have knowledge of the proceedings. The law does not assist those who are inactive or conceal material facts.
• Final determinations on each issue: The Supreme Court dismissed the petitions, upholding the High Court's decision to quash the appellate court's order condoning the delay. The petitioners' failure to act in good faith and their attempt to blame their counsel were not acceptable grounds for condoning the delay.