New Delhi, November 23: The Supreme Court has emphasized that litigants must exercise due diligence in legal proceedings and cannot shift the entire blame for delays onto their advocates.
Highlighting an increasing trend of litigants accusing lawyers of negligence, the Court refused to condone a 534-day delay in filing an appeal.
The bench, comprising Justice JB Pardiwala and Justice R Mahadevan, observed that litigants bear a responsibility to remain vigilant about their cases. The petition, filed under Article 136 of the Constitution, sought to challenge a High Court decision refusing to condone the delay, with the litigant attributing the delay to their advocate's negligence.
The bench remarked:
"Even if we assume for a moment that the concerned lawyer was careless or negligent, this, by itself, cannot be a ground to condone long and inordinate delay... The litigant owes a duty to be vigilant of his rights and... should not be permitted to throw the entire blame on the head of the advocate."
Referencing the precedent set in Salil Dutta v. T.M. & M.C. Private Ltd (1993), the Court reiterated that litigants cannot disown their advocates at will to escape the consequences of their inaction. The judgment underlined that the responsibility for judicial proceedings initiated by litigants lies equally with them and their counsel.
The ruling serves as a reminder to litigants to maintain active participation and oversight in their legal cases, ensuring timely and diligent management of judicial processes.
