MANJIT KAUR Vs. DEOL BUS SERVICE LTD

JUDGEMENT

(1.) Counsel's duty towards the party engaging him is the point in issue here.

(2.) On may 21, 1980, an appeal was filed by the widow and children of Major Singh deceased who had been killed in a motor accident claiming enhanced compensation. This appeal was dismissed in default on Oct. 31, 1984. It was about three years thereafter, on Oct. 6, 1987 that an application was filed seeking rehearing of appeal on merits, accompanied by an application under S.5 of the Limitation Act, asking for condonation of the delay in the filing of this application.

(3.) The unrebutted averments of the petitioner-Manjit Kaur showed that after engaging counsel for the appeal and its admission to hearing, she went home but her counsel never, thereafter, communicated with her or informed her of the subsequent developments in the case and it is only when she came to Chandigarh on Oct. 5, 1987 and enquired from her counsel that she came to know that her appeal had been dismissed in default in Oct., 1984.