Rajasthan High Court Imposes Cost On Litigant For Counsel's Failure To Furnish Advance Copy Of Petition To Caveator

Rajasthan High Court has recently imposed a cost of Rs 2,000/- on a petitioner for not serving a copy of the writ petition to the caveator, i.e., the respondent employee, which was well within the knowledge of the petitioner’s counsel.

The single judge bench of Justice Sudesh Bansal also noted that when the counsel for the petitioner did not dispute the receipt of the caveat, the petitioner was obliged to serve an advance paper book to the caveator.

“On behalf of respondent-employee, a Caveat was filed in the present matter on 03.09.2023, which is enclosed with the file, and learned counsel for the petitioner too does not dispute about the receipt of notice of Caveat. The name of counsel, through which Caveat was filed, is also reflected in the cause list. Yet the counsel for the petitioner has not served copy of writ petition in advance to the counsel for the Caveator, and due to which, this Court has to adjourn the matter for supplying copy of the writ petition to the Caveator”, the court noted its discontentment about the manner in which the petitioner counsel proceeded.

The petitioner management filed the current writ petition on 14.09.2023 against the judgment dated 07.06.2023 passed by the Rajasthan Non-Government Educational, Tribunal.

The Jaipur Bench has directed the counsel for the petitioner to serve a copy of the writ petition to the caveator within one week and deposit Rs 2000/- with the Litigants Welfare Fund through Cheque/ DD in the name of Registrar General, LWFA.

The case has been posted to 31.10.2023 along with a connected matter, SBCWP No.12449/2023, alleged to be filed by the respondent-employee against the same order.

Case Title: Management Committee Of St. Johns Diocesan Senior Secondary School Vs. Renu Bala Thomas W/o Archie V. Thomas

Case No: S.B. Civil Writ Petition No. 15930/2023

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