Can't Make Party Suffer For Bona-Fide Mistake Of Counsel, Courts Should Take Justice Oriented Approach: Rajasthan HC

The Rajasthan High Court held that courts should make justice oriented approach instead of applying hyper-technical approach wherein Counsel make bona-fide mistakes.

The Court was considering Writ Petition challenging order passed by the Rajasthan Civil Services Appellate Tribunal wherein appeals filed by the petitioners have been dismissed for want of prosecution.

The single-bench of Justice Dinesh Mehta observed, "At times on account of bonafide mistake or otherwise, the appellant’s counsel may omit to furnish the requisites, but the Tribunal should apply justice oriented approach instead of applying hyper-technical approach."

The Petitioner was represented by Advocate Dinesh Jain while the respondent was represented Advocate S.R. Paliwal.

Counsel for the Petitioners submitted that the Tribunal had been pleased to pass interim orders in favour of the petitioners on being satisfied about the merit of the case, however, simply because the counsel for the petitioners omitted to file requisite PF and notices for service upon respondents, the learned Tribunal has rejected the appeals for want of prosecution.

He argued that petitioners’ counsel appearing in the Tribunal, bona-fidely failed to file notices and for such lapse/ inadvertence, the Tribunal ought not to have dismissed the appeals.

The Court cited Supreme Court's decision in Ashok Kumar Vs. New India Assurance Co. Ltd wherein it was held that for the fault of the Advocate, litigant can't be made to suffer.

"True it is, that counsel for the petitioners failed to furnish notices for service upon the respondents, but for such failure, the Tribunal was not justified in rejecting the appeals at the first instance," the Court observed.

The Petition was accordingly allowed.

Cause Title: Ajeet Singh Rathore vs. State Of Rajasthan (2024:RJ-JD:47743)

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