Gofelal Banjare v. Bhagelal Banjare (Dead) AIR 2024 Chhattisgarh 185 (HC)
| COURT: | Chhattisgarh High Court |
| JUDGES: | Deepak Kumar Tiwari J |
| LEGISLATION(S): | Code of Civil Procedure |
| COUNSEL: | H. S. Patel, Ritesh Verma, Vaishali Mahilong |
| FILE: | Click here to download the file in pdf format |
| Code of Civil Procedure: Can a litigant be penalised for fault of his advocate or counsel? Every lawyer is expected to keep in mind that he is also an officer of the Court and judicial system is based upon co-operation of the lawyers. It is also expected from the concerned lawyers of parties to positively remain present before Court on the date given by the trail court. However , if the lawyer is not in a position to remain present , he shall make alternative arrangement for proceedings of the case in order to avoid inordinate delay. | |
In the facts are that the Trail court had repeatedly granted adjournments for plaintiff to present witness , but on final date , original lawyer engaged by parties could not reach Court within time , Trial Court closed the evidence stage .
On a writ allowing the petition the Court held that party cannot be penalised for fault of counsel . One more opportunity was granted to plaintiff to adduce evidence subject to payment of costs of Rs .5000 . Court also observed that, parties are completely dependent upon their lawyer to represent their case.
Every lawyer is expected to keep in mind that he is also an officer of the Court and judicial system is based upon co operation of the lawyers . It is also expected from the concerned lawyers of parties to positively remain present before Court on the date given by the trail court .
However , if the lawyer is not in a position to remain present , he shall make alternative arrangement for proceedings of the case in order to avoid inordinate delay .
The Court followed the law in Noor Mohammed v. Jethanand (2013) 5 SCC 202 / AIR 2013 SC 1217 , Ramdev Chauhan alias Raj Nath v .State of Assam (2001) 5SCC 714/ AIR 2001 SC 2231, Zahira Habibulla H. Sheik v. State of Gujarat , (2004) 4 SCC 158/ AIR 2004 SC 3114 . ( WP 227 No. 675 of 2024 dt .8 -8-2024 )