Counsel’s Absence Should Not Prejudice Client, Courts Urged Leniency in Ex-Parte Decrees: Madras High Court

The Madras High Court overturned a trial court’s rejection of a plea seeking vacation of an ex parte decree in a defamation suit concerning videos posted on YouTube.

The Court observed that the defendant should not suffer due to his counsel’s failure to appear and emphasised that ex parte decrees must be passed only in exceptional circumstances demonstrating absolute indifference. 

The Bench stressed judicial leniency and directed the trial court to restore the suit, ensuring that procedural lapses by legal representatives do not prejudice the substantive rights of litigants

[Joe Micheal Praveen v Apsara Reddy & Anr.]