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Rafiq & Anr vs Munshilal & Anr on 16 April, 1981

(14) In view of the law settled by the authorities referred to above, in the interest of justice, we deem it appropriate to condone the delay in filing the recall of the order dated 26.03.2021 passed in writ petition No. 6685 of 2003 (S/S) and condone the delay in filing the recall application therein and the matter be remitted to the learned Single Judge for deciding the writ petition No. 6685 of 2003 (S/S), in accordance with law, on merit.
Supreme Court of India Cites 0 - Cited by 774 - D A Desai - Full Document

Smt. Lachi Tewari And Ors. vs Director Of Land Records And Ors. on 3 October, 1983

(9) Having heard rival submissions advanced by the learned Counsel for the parties and going through the material brought on record, we deem it appropriate to mention here that in Rafiq and Anr. v. Munshilal and Anr. : AIR 1981 SC 140 and Smt. Lachi and Ors. v. Director of Land Records and Ors. : AIR 1984 SC 41 while dealing with a similar issue held that a litigant cannot suffer for the fault of his counsel. The Hon'ble Supreme Court in the former case observed as under :-
Supreme Court of India Cites 1 - Cited by 88 - Full Document

Tahil Ram Issardas Sadarangani And ... vs Ramchand Issardas Sadarangani And ... on 16 October, 1992

(11) Similar view has been reiterated in Tahil Ram Issardas Sadarangani and Ors. v. Ramchandra Issardas Sadarangani and Anr. : AIR 1993 SC 1182 and Malkiat Singh and Anr. v. Joginder Singh and Ors.: AIR 1998 SC 258, observing that in case a litigant is neither negligent nor careless in prosecuting his case but his lawyer pleads no instruction, the Court should issue notice to him to make an alternative arrangement. Such a course is required in the interest of justice and the Court may proceed from the stage the earlier counsel pleaded no instruction. If the litigant is not at fault, he should not suffer for such a conduct of his counsel.
Supreme Court of India Cites 0 - Cited by 105 - Full Document

Malkiat Singh & Anr vs Joginder Singh & Ors on 2 December, 1997

(11) Similar view has been reiterated in Tahil Ram Issardas Sadarangani and Ors. v. Ramchandra Issardas Sadarangani and Anr. : AIR 1993 SC 1182 and Malkiat Singh and Anr. v. Joginder Singh and Ors.: AIR 1998 SC 258, observing that in case a litigant is neither negligent nor careless in prosecuting his case but his lawyer pleads no instruction, the Court should issue notice to him to make an alternative arrangement. Such a course is required in the interest of justice and the Court may proceed from the stage the earlier counsel pleaded no instruction. If the litigant is not at fault, he should not suffer for such a conduct of his counsel.
Supreme Court of India Cites 2 - Cited by 123 - V N Khare - Full Document

Prem Prakash And 3 Others vs State Of U.P. And 4 Others on 25 May, 2015

(4) The appellant, Shiv Kumar Pandey, and five others, namely, Prem Prakash, Diwakar Dube, Dilip Kumar, Harihar Prasad Pandey, Narendra Kumar Dube, have approached this Court by filing Writ Petition No. 6685 (S/S) of 2003 : Prem Prakash and others Vs. State of U.P. and others, stating therein that they were working on the post of Class-IV on daily wage basis against the sanctioned and clear vacant posts at Narendra Dev University of Agriculture & Technology, Kumarganj, Faizabad (hereinafter referred to as "the University") but their services were not regularized. This writ petition was dismissed as having become infructuous by the learned Single Judge vide order dated 26.03.2014. Thereafter, the appellant/writ petitioner no.4 (Shiv Kumar Pandey) has filed an application for recall of the aforesaid order dated 26.03.2014 (C.M.Application No. 100439 of 2021) along with an application for condonation of delay (C.M. Application No. 100434 of 2021). The learned Single Judge, vide order dated 14.09.2021, rejected both the aforesaid applications.
Allahabad High Court Cites 7 - Cited by 4 - M K Gupta - Full Document
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