Bombay High Court Slams Practice of Blaming Advocates for Delays Without Action

The Bombay High Court has deprecated the growing tendency of litigants blaming their advocates for procedural delays without initiating any action against them or impleading them as parties.

Justice Jitendra Jain held that courts cannot accept allegations of professional negligence based only on a litigant’s version. If a lawyer is genuinely at fault, appropriate proceedings must be initiated, or the advocate must be made a party, the Court said.

Dismissing an application seeking condonation of a 203-day delay, the Court found the explanation unconvincing, noting contradictions in the records and a lack of supporting material. 

Accepting such pleas, it observed, would amount to condemning advocates without hearing them.

[Rahul Sambhu Kabade & Anr v. Subhashsingh Surajsingh Thakur & Ors.]