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TMI Blog2019 (2) TMI 2123X X X X Extracts X X X X X X X X Extracts X X X X ..... on of delay due to the failure of the Advocate to inform the appellant as well as his failure to take action was not proper and that the Court should compensate the opposite party in such cases more so where the appellant had secured the compensation from the delinquent Advocate. In the brief facts the suit filed by the respondent for the declaration of title and ancillary reliefs was decreed ex-parte on 28/10/1991. The Appellant, on coming to know of the decree moved an application to set it aside which came to be dismissed for default on 17/02/1993. Coming to the facts of the case it has been tried to be contended on behalf of the applicants that on account of the lapse of the Advocate then appearing on their behalf, the applicants should ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ngle Judge of this Court was constrained to grant a last opportunity and thereafter to identify the matter for dismissal and ultimately dismissed the same for non-prosecution and default on 3rd September, 2014. No grounds have been made out for the condonation of delay and in view thereof, the application is accordingly dismissed. X X X X Extracts X X X X X X X X Extracts X X X X ..... for the declaration of title and ancillary reliefs was decreed ex-parte on 28/10/1991. The Appellant, on coming to know of the decree moved an application to set it aside which came to be dismissed for default on 17/02/1993. He moved an application for setting aside the order only on August 19, 1995 for which there was a delay of 883 days alongwith an application for the condonation of delay by offering an explanation that he had engaged an advocate to make the motion to set the exparte decree aside but the Advocate failed to inform him that the application came to be dismissed for default on 17/02/1993. It is only when he got summons from the execution side on 05/07/1995 that he approached his advocate but he was told that perhaps the exec ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 83 days in filing the application has not been properly explained, allowed the revision and set aside the order of the Trial Court while also dismissing the application for review giving rise to the appeal. 7. In Salil Dutta (supra), another two Judge Bench of the Hon'ble Apex Court held that improper advice of an Advocate cannot as a rule be accepted as a sufficient cause and it would depend on the particular facts and circumstances of the case. The suit was posted for final hearing after a lapse of seven years of its institution. None appearance of the defendant on the date of the final hearing was alleged to be on account of the advice of advocate. The defendant is a Private Limited Company having its registered office in the same c ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Advocate in pursuing the matter which resulted in its dismissal and that too after the Court had granted umpteen opportunities to the applicants to take steps to serve the unserved respondents. The applicants had tried to canvass a ground that the order dismissing the proceeding came to their notice only on making enquiries somewhere in December 2015 i.e. more than 15 months after the order came to be passed dismissing the case for non-prosecution. No genuine or justifiable grounds have been set out. It was the contention of Ms. S. Linhares, learned Additional Government Advocate that there was a change in the Department inasmuch as the land which was earlier vested in the Department of Forests later stood vested in the Department of Fores ..... X X X X Extracts X X X X X X X X Extracts X X X X
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