2019 (2) TMI 2123

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....ctor, Land Acquisition, Anantnag and another v/s. Mst. Katiji and others [AIR 1987 SC 1353] and N. Balakrishanan v/s. M. Krishnamurthy [AIR 1998 SC 3222] to substantiate her case. It was also her contention that on account of the lapse on the part of the Advocate the applicant should not suffer. In her submission, it was her case that costs could be imposed but the matter had to be restored to file after condoning the delay and as a large tracts of Government land was involved which would cause much loss to the exchequer in case the application was not allowed and the appeal restored to the file. 2. Shri Usgaonkar, learned Advocate for the respondents relied upon the reply filed and vehemently opposed the application for the condonation ....

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....he was told that perhaps the execution proceedings would have been taken by the decree holder since there was no stay against such execution proceedings. 5. In N. Balakrishnan (supra), he signed some papers including a Vakalatnama on the advice of the Advocate for resisting the execution proceedings, besides making the payment of Rupees Two Thousand towards the Advocates fees and other incidental expenses. The fact however was that the advocate did not do anything in the Court even thereafter. An execution warrant was issued by the Court and he became suspicious of the conduct of his advocate and rushed to the Court from where he got the disquieting information that his application to set aside the ex-parte decree stood dismissed for def....

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....stered office in the same city and is being managed by educated businessmen. The defendant's conduct was found to be non-cooperative with the Court and therefore in the facts it was held that the defendant's application under Rule 13 was not sustainable. It was further observed that putting the entire blame upon the Advocate and trying to make it out as if they were totally unaware of the nature or significance of the proceedings is a theory which cannot be accepted and ought not to have been accepted. 8. Coming to the facts of the case it has been tried to be contended on behalf of the applicants that on account of the lapse of the Advocate then appearing on their behalf, the applicants should not suffer and as a large tracts of....