Reporter's Diary: Don’t file a case and forget to ask lawyer for report card

However, for a mother and daughter, who filed a suit in 2001 challenging the sale of property by the former’s husband, it worked the other way around. The suit had contended that her husband was an alcoholic and sold the property without her consent.

But owing to the non-appearance of the duo, the plea was set ex parte by the Bhavani sub-court on March 31, 2003. Subsequently, in 2007, on coming to know of the decree passed, the duo moved an application for condoning the four-year delay. They had contended that the failure of their lawyer to inform them about the case developments had led them to believe that it was under trial. 

The application was dismissed in 2010 on the basis that it was not filed within the stipulated 30 days. Following this, they moved the Madras High Court (MHC) through a revision petition. The MHC upheld the sub court’s decision to refuse condoning the delay as they failed to file the application even after being given a fair opportunity from February 22, 2001 to January 31, 2003. It also pulled up the litigants for negligence saying that they just can’t afford to blame lawyers for not keeping themselves abreast with case developments and that they should adopt a more vigilant attitude.