1958 (4) TMI 128

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....nder Articles 226 and 227 of the Constitution challenging that decision. It was held by a Division Bench, of which one of us (Chief Justice) was a member, that an appeal lay against the order under Section 98 read with Section 90 (3) of the Act. There being an alternative remedy available, the petition was ordered to be dismissed: Gulsher Ahmad v. Election Tribunal, Chhatarpur, 1958 MPLJ 150 : (AIR 1958 MP 224). 3. Before the order of the Division Bench was signed, the present appeal was filed, together with a prayer for extension of time and condonation of the delay. The reason stated in the application for extension of time was that the appellant had consulted shri R. S. Dabir, who advised him that no appeal lay and that the only remed....

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....emplate that on sufficient cause being shown time for filing the appeal may be extended. The question is whether the advice of counsel which was accepted can come in to support a case for sufficient cause. 7. In Rajendra Bahadur v. Rajeshwar Bali, AIR 1937 PC 276 at p. 278, their Lordships made the following observation : 'Mistaken advice given by a legal practitioner may in the circumstances of a particular case give rise to sufficient cause within the section though there is certainly no general doctrine which saves parties from the results of wrong advice.' From this observation it is clear that though there is no general rule that wrong advice of counsel can always be a sufficient cause there may be cases in which....