Litigant Ought Not To Suffer Merely Because Of Wrong Listing Date Entered In Advocate's Court Diary: Delhi High Court
3 years, 2 months ago

Litigant Ought Not To Suffer Merely Because Of Wrong Listing Date Entered In Advocate's Court Diary: Delhi High Court

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The Delhi High Court has observed that a litigant ought not to suffer merely because a wrong entry or a wrong date is entered in it's Advocate's court diary, thereby precluding his appearance before the Court on the fixed date. An application was thereafter filed by the Workman seeking setting aside of the impugned Award which was also dismissed in default for non-prosecution on 14th December, 2016, as the Counsel for the Workman had noted the next date before the Labour Court as 19th December, 2016, instead of 14th December, 2016. The Court also perused the Advocate's court diary which showed that there were a number number of matters listed on 16th December, 2016 and on 19th December, 2016. Thus, the fact that the application seeking setting aside of the impugned Award was wrongly noted to be listed on 19th December, 2016, instead of 14th December, 2016, is established by a perusal of the said Court Diary," the Court said.

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