High Court of Judicature at Allahabad
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Bankey Singh v. State of U.P. and others - FIRST APPEAL No. 128 of 1995  RD-AH 11016 (6 July 2006)
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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