HC: Blaming lawyers won't do, keep track of your case

KEEP TRACK of your case and don't just blame your lawyer if you end up in a mess. The Delhi High Court has criticised the practice of litigants seeking relief against adverse orders of lower courts by citing in their appeals "unprofessional attitude" of their lawyers.

"One cannot deny this fact that there may be many cases where the lawyers betray the trust of their clients," Justice Kailash Gambhir said on Monday while dismissing a petition. "But it is also true that in most cases lawyers are being made scapegoats even for the irresponsible and reckless conduct of the litigants themselves."

Petitioner H.S. Gautam had requested the high court to excuse a delay of 443 days in filing an appeal against an order of the Motor Accidents Claims Tribunal. The Limitation Act prescribes such appeals should be filed within 90 days of a judgment.

Gautam's main ground was that the lawyer who represented him in the tribunal did not inform him about the pronouncement of the order in Feb ruary 2005. He said he got to know about the order only in July 2006.

Noting that the appellant was a graduate, the judge said: "It is not ex pected of a party who is well educated to claim ignorance and to be easily misled by his advocate… the petition er is expected to keep track of his case and make enquiries from the MACT." THE WAY OUT ¦ The court said there's a provision in the Limitation Act to rescue those unable to take timely legal steps. But such protection is not meant for people who are negligent and reckless, the judge said.

Hindustan Times 1 April 2008 New Delhi P. 1
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