9911796707
TMI Blog2019 (11) TMI 1816X X X X Extracts X X X X X X X X Extracts X X X X ..... been granted by this Court - HELD THAT:- Considered the judgment passed by Hon'ble Supreme Court in RAFIQ AND ANOTHER VERSUS MUNSHILAL AND ANOTHER [ 1981 (4) TMI 255 - SUPREME COURT] wherein, it is categorically held that for the fault of counsel, a party should not be made to suffer. Therefore, this court deems it fit to allow the MCC. The Misc. Civil Case is allowed subject to payment of cos ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... on the judgment passed by Supreme Court in the case of M.K.Prasad Vs. P.Armugam, reported in, (2001) 6 SCC 176 and has argued that it is a settled law that for fault of counsel, a party should not be made to suffer. Heard learned counsel for the parties and perused the record. It is settled law that the Hon'ble Supreme Court in the case of Rafiq Ors. Vs.Munshilal and Anr. reported as AIR 1981 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n the instant case, the appellant tried to explain the delay in filing the application for setting aside the ex parte decree as is evident from his application filed under Section 5 of the Limitation Act accompanied by his own affidavit. Even though the appellant appears not to be as vigilant as he ought to have been, yet his conduct does not, on the whole, warrant to castigate him as an irrespons ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ing aside ex parte decree. To avoid further delay, we have examined the merits of the main application and feel that sufficient grounds exists for setting aside the ex parte decree as well. Considering the aforesaid judgment passed by Hon'ble Supreme Court wherein, it is categorically held that for the fault of counsel, a party should not be made to suffer. Therefore, this court deems it fit t ..... X X X X Extracts X X X X X X X X Extracts X X X X
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