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Nitin Mahadeo Jawale & Ors. vs Bhaskar Mahadeo Mutke

Not available · 2024 INSC 902Decided 22 Nov 2024
Not available
Justice J.B. Pardiwala · Justice R. Mahadevan

Background

The petitioners (original defendants in a civil suit) failed to file their written statement within the prescribed time, and that stage was closed by the trial court. Over four and a half years later, they sought the trial court's permission to file it belatedly, which the Joint Civil Judge, Junior Division, Jamkhed granted. The original plaintiff challenged this before the Bombay High Court (Aurangabad Bench), which set aside the trial court's order condoning the delay. The defendants then approached the Supreme Court.

Decision Breakdown

The Supreme Court found no error in the High Court's judgment and dismissed the petition. The Court used the occasion to criticize a "growing tendency" among litigants to blame their advocates for delays, including cases where lawyers file affidavits taking blame on themselves to help clients get delays condoned. The Court held that even if a lawyer was careless or negligent, this alone cannot justify condoning a long and inordinate delay, because a litigant owes a duty to remain vigilant about their own case and cannot disown their advocate later to escape consequences.

Lesson Learnt

Litigants cannot escape the consequences of missed court deadlines simply by blaming their lawyer afterward. The law expects every party to stay reasonably vigilant about the progress of their own case, not leave it entirely to counsel.

Official source (sci.gov.in)View Judgment (PDF)

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