Supreme Court of India · 1981-04-16
RAFIQ & ANR. vs MUNSHILAL & ANR.
- Citation / case number
- SC 1981/63841
- Court
- Supreme Court of India
- Petitioner
- RAFIQ & ANR.
- Respondent
- MUNSHILAL & ANR.
- Author
- D.A. DESAI
- Bench
- D.A. DESAI
Judgment text excerpt
The Supreme Court held that a party should not suffer due to the inaction or negligence of their advocate, emphasizing the adversarial nature of the legal system where parties rely on their lawyers. The Court found that the High Court's dismissal of the appellant's appeal without representation was unjust, as the appellant had taken necessary steps to engage counsel. Consequently, the Court allowed the appeal and set aside the High Court's order, reinforcing the principle that a party's rights should not be compromised due to their advocate's default.