Gofelal Banjare v. Bhagelal Banjare ( Dead) AIR 2024 Chhatisgarh 185 ( HC)

Advocate Act,1961

S. 24:Persons who may be admitted as advocates on a State roll- Duties of advocate – Production of evidence – Party cannot be penalised for fault pf counsel – One more opportunity is granted to produce evidence – One more opportunity was granted to plaintiff to adduce evidence subject to payment of costs of Rs .5000 .-
Every lawyer is expected to keep in mind the fact that he is also an officer of the Court and judicial system is based upon co operation of 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 . [Civil Procedure Code , 1908 , O.18 R. 24 ]

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 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 . Referred , 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 )

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