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Bankey Singh v. State of U.P. and others - FIRST APPEAL No. 128 of 1995 [2006] RD-AH 11016 (6 July 2006)


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Court No. 24

Civil Misc. Application  24 of 2006


First Appeal No. 128  of 1995

Bankay Singh  ( deceased)  & others


The State of U.P. through

Collector Ghaziabad and others

Hon'ble  Barkat Ali Zaidi, J.

(1) The first appeal  of applicants being defective  first Appeal No. 128 of 1995, (Bankay  Singh and eight others Vs. State of U.P.  and two others) was dismissed in deficit by Hon. Mr. Justice Onkareshwar Bhatt  on 22.4.2002.  The counsel for the applicants-appellants did not appear in the court on the said date.

(2) The applicants-appellants have now applied on 12.5.2006  for condonation of delay and for making good the deficit in court fee  and for restoration of the appeal.

(3) The counsel for the appellants-applicants has been heard.

(4) It will appear from the above that the applicants have now applied for restoration of appeal after more than 4 years. The contention of the applicants is that their counsel Sri Vijai Prakash did not look after the  case and did not inform  the applicants and they have no knowledge  of the dismissal of the appeal.  

(5) If the counsel of a client acts negligently , it does not provide a justifiable ground for the Court to  condone or undo negligence of the counsel.  The remedy of the applicants lies  in proceedings against the advocate in appropriate proceedings. It would be wholly improper on the part of the Court to condone the delay of more than 4 years, merely on the ground that the applicants were not informed of the dismissal of the appeal. The applicants should have been vigilant and should have tried to find out as to what was happening in their appeal.  They were sleeping over the matter for a long time  and the court must refuse to grant relief  to those who are not vigilant.

(6) It is an universally accepted principle of law that the delay defeats the equity. Latches, and so long as these, are uncondonable.

(7) Application dismissed.




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