Law:

Section:

Limitation Act (IX of 1908)-Ss. 5 & 14-Civil Procedure Code (V of 1908), S. 151-Condonation of delay-Courts can show indulgence and condone delay where time has been lost by prosecuting remedy before wrong forum on account of bona fide mistake or error of counsel which reasonable and prudent man despite exercising due diligence and caution might have committed - Mistake in approaching wrong forum due to gross negligence and carelessness of counsel where not appearing that counsel has shown due diligence and caution before moving wrong forum-Held, only remedy for client of such counsel to sue him for damages for loss suffered on account of his negligence-Exercise of such remedy more frequently and counsel made to pay for their carelessness and negligence may ameliorate situation.-[Counsel and client]. It was contended that why a litigant should be made to suffer when he had done all in his power to prosecute a remedy allowed to him by law for no fault of his own. In this case the petitioner had engaged a very senior lawyer for filing an appeal, given him all the necessary papers and documents requisite for filing it, paid the full court-fee leviable on a memorandum of appeal and filed it before an appellate Court, which be was advised, was the proper forum and could, therefore, legitimately expect a rehearing on the merits of the entire matter only to find his expectations dashed to the ground on account of the blunder of his counsel. Held, this, indeed, is a dilemma .to which there is no entirely satisfactory answer. The law as it now stands is that the Courts can show indulgence and condone the delay where time has been lost by prosecuting a remedy before a wrong forum on account of a bona fide mistake or error committed by a counsel, which a reasonable and prudent man despite exercising due diligence and caution might have committed. - Where, however, the mistake in approaching the wrong forum is committed by him due to gross negligence and carelessness and it does not appear that he has shown due diligence and caution before moving the said wrong forum; the only remedy for the unfortunate client of such a counsel appears to be to sue him for damages for…

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