LAWS(MAD)-2023-2-161

T. RAGHUPATHI Vs. M. RAJAVELU

Decided On February 10, 2023
T. Raghupathi Appellant
V/S
M. Rajavelu Respondents

JUDGEMENT

(1.) The Civil Miscellaneous Petition is filed to condone the delay of 821 days in preferring the First Appeal against the Judgment and Decree dtd. 22/7/2019 in O.S.No.311 of 2018 on the file of the Principal District Judge, Namakkal.

(2.) The learned counsel appearing on behalf of the petitioner made a submission that the earlier counsel, who appeared for the petitioner, had not informed the petitioner about the decree and thus, there is a delay of 821 days in filing the appeal suit. However, the petitioner has not produced any evidence to substantiate the said reason.

(3.) Merely blaming a lawyer cannot be accepted by the Courts in a routine manner. If at all any litigant is raising an allegation against the lawyers, then it must be substantiated and in such circumstances, they have to establish that they have filed a complaint or initiated appropriate action. Merely for the purpose of condoning the delay, the litigants cannot be encouraged to raise allegation against the lawyers in a routine manner. Such a practice cannot be encouraged by the Courts. While blaming the lawyers or raising allegation against the lawyers, the litigants are expected to substantiate the said allegation.