SOFT-BOOT INDIA (P) LTD Vs. A K INFOTECH SERVIES PVT LTD
LAWS(DLH)-2007-7-351
HIGH COURT OF DELHI
Decided on July 03,2007

SOFT-BOOT INDIA (P) LTD Appellant
VERSUS
A K INFOTECH SERVIES PVT LTD Respondents

JUDGEMENT

- (1.) The respondent herein has filed the suit against the appellant under Order XXXVII of the Code of Civil Procedure. Appellant, after the service of summons of judgment, filed the application for leave to defend. This application was dismissed by the learned trial court as a consequence thereof the suit of the respondent for the recovery of a sum of Rs.6,27,850/- was decreed which was based on dishonour of the cheque. The appellant had filed the appeal against the said judgment and decree. As nobody has appeared on behalf of the appellant on 12.1.2006, this appeal was dismissed in default as well as for non-prosecution. CM No.4557/2007 was filed seeking recall of the Order dated 12.1.2006 and for restoration of the appeal. Since there is a delay of 300 days in filing the application (CM No.4557/2007), CM No. 4558/2007 is filed for restoration of the appeal and for seeking condonation of delay.
(2.) It is stated, inter alia, that the appellant has engaged Mr. A.K.Mishra, Advocate in the matter but the said Advocate failed to appear on the said date because of which the appeal was dismissed and the advocate did not even inform the appellant about the dismissal of the appeal. It is further stated that the appellant came to know about the dismissal of the appeal only on 30.11.2006 and immediately thereafter the case file was inspected and these applications were filed. The plea seeking condonation of delay is that it is the mistake of the counsel who did not appear on the date of hearing and also did not inform the appellant about the dismissal of the case and the appellant should not be made to suffer for the mistake and negligence on the part of his counsel.
(3.) No doubt if there is a mistake or negligence of the counsel, the client should not suffer on that account. It is also not in dispute that normally the court should be liberal in condoning the delay and entertaining the appeal on merits rather than dismissing it in default. However, a closer scrutiny in the matter, as reflected in the reply of the respondent to these applications, would show that the case made out by the appellant is based on utter falsehood and, therefore, this Court would not come for the rescue of such a person who has not come to the court with clean hands. Following are the circumstances which have compelled us to take such a view:;


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