Kanta. v. Manjulabai (2019) 266 Taxman 326 (Bom) (HC)

Advocates Act 1961

S.35: Punishment of advocates for misconduct – Appeal -Delay – Delay of 20 long years in filing second appeal could not be condoned on mere ground that counsel, who was representing appellant, did not inform her about outcome of litigation before lower authority- Cost of Rs 1000 was directed to be paid to the High Court Legal Services -Sub -Commit tee , Nagpur .

Appellant filed instant application seeking condonation of delay of 20 years in filing second appeal .  According to appellant, she entrusted her brief to advocate who did not take any steps to pursue matter  ,consequently, delay occurred inasmuch as it was submission of appellant that counsel, who was representing appellant, did not inform outcome of litigation to her . Dismissing the petition the Court held that  it is expected from litigant that he or she remains in contact with lawyer who is representing his or her cause in Court of law . Therefore, a litigant cannot take spacious plea that once case is entrusted with an advocate, his or her work is over and advocate will take care of matter . Accordingly  in absence of any plausible explanation on part of appellant for condonation of delay in filing appeal, said appeal was to be dismissed being barred by limitation . Court also directed to the petitioner to pay  cost of Rs 1000  to be paid to the High Court Legal Services -Sub -Committee , Nagpur .