Whether blaming the lawyer could be the reason to revive the defense struck off by the court for non-compliance?[1]

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Shubham Budhiraja[2]

Mr. A filed a suit for recovery against Mr. B. The Hon’ble Court directed Mr. B to deposit some amount which he failed to do so. Consequently, the defense of Mr. B was struck off. Mr. B challenged the order on the ground that he is an illiterate person and his advocate never apprised him of the order. The Hon’ble Delhi High Court rejected the appeal and held as under:

 

(i)             Every litigant who appears in court, needs to be vigilant of his rights and is also expected to be vigilant in the judicial proceedings pending in court. Litigant cannot be permitted to cast the entire blame on the Advocate.

 

(ii)           It has become a tendency to put entire blame upon the previous Advocate just trying to make it out as if they were totally unaware of the nature or significance of the proceedings. Such an argument therefore cannot be accepted.  

 

(iii)         It was the duty of the petitioner to either challenge the order dated passed under Order 15-A CPC before the superior court or to comply with the same. Since the petitioner had not made the payment in terms, the trial court had no option except to strike off the defence of the petitioner.


[1] Vijay Kumar v. Farmuda Begum, CM(M) 4005/2024, Delhi High Court, Judgment dated 06/12/2024

[2] Advocate, Delhi High Court [LLB, ACS, BCOM(H)]

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