Don't Deprive Litigants Of Valuable Rights Just For Their Lawyer's Default, Says SC [Read Judgment]

Ashok Kini

5 Feb 2019 8:34 PM IST

“Indeed, dismissal of the appeal in default and dismissal of the appeal on merits makes a difference. The former dismissal is behind the back of the litigant and latter dismissal is after hearing the litigant. The latter is always preferred than the former.”

Emphasizing the need to do 'substantial justice', the Supreme Court observed that valuable right of a litigant to prosecute an appeal should not be deprived merely because of non-appearance of his lawyer. In this case, the District court dismissed the appealed filed by Mysore Urban Development Authority as its counsel did not appear when the appeal was called on for...

Don't Deprive Litigants Of Valuable Rights Just For Their Lawyer's Default, Says SC [Read Judgment]

Ashok Kini

“Indeed, dismissal of the appeal in default and dismissal of the appeal on merits makes a difference. The former dismissal is behind the back of the litigant and latter dismissal is after hearing the litigant. The latter is always preferred than the former.”

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