The Delhi High Court has reiterated that litigants cannot absolve themselves of the responsibility to monitor their cases once they engage a lawyer, emphasizing the importance of active involvement in legal proceedings.
Background
The observation came while the court was hearing a petition for the restoration of a dismissed case. The petitioner argued that the case was dismissed due to their lawyer’s failure to attend hearings and keep track of dates.
Court’s Observations
- Duty of the Litigant:
The court highlighted that while a lawyer represents a litigant, it is the litigant’s duty to stay informed about the progress of their case and ensure timely action. - No Blanket Exemption:
A litigant cannot solely blame their lawyer for lapses, as this would lead to a culture of negligence. The court stressed that accountability lies with both the advocate and the client. - Restoration Not an Automatic Right:
While courts can show leniency in deserving cases, restoring a dismissed case requires demonstrating sufficient cause for the default.
Decision
The court declined to restore the case, noting that the petitioner had made no efforts to inquire about its status for an extended period. The court observed that such indifference undermines the judicial process and causes delays.
Key Implications
- Greater Vigilance:
The ruling serves as a reminder for litigants to actively participate in their cases and maintain communication with their lawyers. - Advocate-Litigant Coordination:
The decision underscores the need for better coordination between clients and their legal representatives to avoid procedural lapses.
Conclusion
The Delhi High Court’s stance reinforces the principle that litigants share the responsibility for the effective prosecution of their cases. The judgment aims to discourage a lackadaisical approach in legal proceedings, ensuring accountability at every stage of litigation.