Litigant Should not Suffer for Wrong Advice or delay on the Part of Advocate: Calcutta HC

Recently, the Calcutta High Court has condoned the delay in approaching the West Bengal Land Reforms and Tenancy Tribunal, challenging the order of Rent Controller.

A Division Bench of Justice Hiranmay Bhattacharyya and Justice Soumen Sen observed:

“We feel that on the basis of the facts stated in the petition, the learned Tribunal ought to have condoned the delay for the ends of justice. In an adversarial proceeding when a litigant is dependent on the advice of the advocate, he should not suffer for any wrong advice or delay and laches on the part of the advocate conducting the litigation. We do not find there was any culpable negligence on the part of the petitioner who appears to be 85 years of old to conduct the proceeding.”

“We are satisfied with the explanation offered by the writ petitioner for not being able to approach the learned Tribunal within the period of limitation. In fact, before the learned Tribunal, the landlord has taken adjournments on numerous occasions and had delayed the proceeding in not filing the written objection within time. If anyone had suffered by reason of such delay, that is the petitioner.”, the Court added

Consequently the Court  set aside the order passed by the Tribunal by which the Tribunal had declined to condone the delay. The proceeding before the Tribunal has been restored. 


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