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april 1981

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.

RAFIQ & ANR. vs MUNSHILAL & ANR. · Niyam