Litigant Needs To Be Vigilant, Can’t Put Entire Blame On Advocate To Get Delay Condoned: Delhi HC .
Delhi High Court rapped an Appellant-company in RFA 497/2017 titled as “MODDUS MEDIA PVT. LTD. Vs M/s. SCONE EXHIBITION PVT. LTD.” for their lack of vigilance in conducting a suit for recovery of money, and their subsequent conduct in blaming the Counsel for the delay in filing an Appeal.
“The litigant owes a duty to be vigilant of his rights and is also expected to be equally vigilant about the judicial proceedings pending in the court of law against him or initiated at his instance. The litigant cannot be permitted to cast the entire blame on the Advocate. It appears that the blame is being attributed on the Advocate with a view to get the delay condoned and avoid the decree. After filing the civil suit or written statement, the litigant cannot go off to sleep and wake up from a deep slumber after passing a long time as if the court is storage of the suits filed by such negligent litigants. Putting the entire blame upon the advocate and trying to make it out as if they were totally unaware of the nature or significance of the proceedings is a theory put forth by the appellant/applicant/defendant company, which cannot be accepted and ought not to have been accepted,” Justice Vinod Goel observed.