Dwarika Prasad (D) THR. LRs. Vs Prithvi Raj Singh (Supreme Court of India)
The Supreme Court of India recently ruled in the case Dwarika Prasad (D) THR. LRs. Vs Prithvi Raj Singh, addressing the issue of a party suffering due to their advocate’s negligence. The case originated from a civil suit where the appellant, Dwarika Prasad, had his sale deed declared void in 1994 due to an ex parte judgment passed when he was not represented in court. The appellant, an elderly and illiterate individual, was unaware of the proceedings and relied entirely on his advocate, who failed to appear in court. It was only after a new counsel was appointed that the appellant became aware of the ex parte decree. He subsequently filed a restoration application to reinstate the case, but it was rejected by both the District Court and the Allahabad High Court for procedural reasons, including the failure to file a separate application for condonation of delay.
The Supreme Court, in its judgment, held that the appellant should not be penalized for his previous counsel’s mistakes. The Court emphasized that judicial procedures should not be used as a barrier to justice, especially when a party had done everything reasonably expected of them. The Court cited the principle from the Rafiq v. Munshilal case, where it was ruled that a party should not suffer due to the negligence of their advocate. The Court further criticized the High Court’s hyper-technical approach in dismissing the appeal and ruled in favor of the appellant, restoring the Trial Court’s decision to allow the restoration application. The Court directed that the trial should proceed swiftly, with the suit expected to be decided within a year.
