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2019 (9) TMI 634

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..... ch is sought to be challenged before this Court, was passed, the applicant even remotely tried to contact her advocate to know the fate of litigation. In the application, it is stated that she entrusted her matter to Mr. Vilas Mate, of Tumsar. She never met with Mr. Bhole, Advocate. According to the learned counsel for the applicant, Mr. Bhole might, on instructions from Mr.Vilas Mate, have app .....

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..... plication dismissed with costs of ₹ 1,000/- - CIVIL APPLICATION NO. 19/2018 And SECOND APPEAL ST. NO. 22803 OF 2017 - - - Dated:- 18-6-2019 - MR V. M. DESHPANDE, J. For The Applicant : Mr K. S. Motwani, Advocate And Mr R.A. Gupte, Advocate ORDER 1. This is an application for condonation of delay in filing the second appeal. Noti .....

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..... ies on the shoulder of such a party to explain the delay, though not day by day, but by giving plausible explanation. According to the learned counsel for the applicant, the applicant entrusted her brief to her advocate and her advocate did not take any steps to pursue the matter. Consequently, the delay has occurred inasmuch as it is the submission of the learned counsel that the counsel, who was .....

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..... s entrusted with an the advocate his or her work is over and the advocate will take care of the matter. An Advocate always discharges his duties on the instructions given to him by his client. 5. In the present case, Mr. Motwani, learned counsel for the applicant could not point out before this Court that at any point of time from 18.10.1997, when the decree, which is sought to be c .....

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..... it is impermissible and unacceptable. Further, no steps are also being taken by the applicant against any advocate under the provision of the Advocates Act. 8. Thus, in my view, the reason as supplemented in the application is nothing but a attempt for claiming discretionary relief of condonation of delay from the Court. In my view, the applicant has not explained the delay, rather .....

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