Andhra Pradesh High Court: Client Shouldn’t Suffer for Lawyer’s Lapse, Restores Dismissed Appeal

The Andhra Pradesh High Court ruled that clients should not suffer due to mistakes or negligence by their lawyers. The case arose when a civil appeal was dismissed for non-prosecution because both the petitioner and counsel were absent.

The petitioner later sought restoration of the appeal and condonation of delay, but the lower court rejected the applications, stating that the lawyer could not file affidavits on behalf of the client.

The High Court held that an advocate holding a valid vakalatnama is authorised to file affidavits and applications for the client.

Emphasising substantive justice over procedural technicalities, the Court restored the appeal and directed the lower court to decide the case on merits.

[Rajana Anthonamma v. Gandreti Mariakumar]