TMI Blog1958 (4) TMI 128X X X X Extracts X X X X X X X X Extracts X X X X ..... on Bench, of which one of us (Chief Justice) was a member, that an appeal lay against the order under Section 98 read with Section 90 (3) of the Act. There being an alternative remedy available, the petition was ordered to be dismissed: Gulsher Ahmad v. Election Tribunal, Chhatarpur, 1958 MPLJ 150 : (AIR 1958 MP 224). 3. Before the order of the Division Bench was signed, the present appeal was filed, together with a prayer for extension of time and condonation of the delay. The reason stated in the application for extension of time was that the appellant had consulted shri R. S. Dabir, who advised him that no appeal lay and that the only remedy was under Article 226 and or Article 227 of the Constitution. The appellant submitted that he ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... The question is whether the advice of counsel which was accepted can come in to support a case for sufficient cause. 7. In Rajendra Bahadur v. Rajeshwar Bali, AIR 1937 PC 276 at p. 278, their Lordships made the following observation : 'Mistaken advice given by a legal practitioner may in the circumstances of a particular case give rise to sufficient cause within the section though there is certainly no general doctrine which saves parties from the results of wrong advice.' From this observation it is clear that though there is no general rule that wrong advice of counsel can always be a sufficient cause there may be cases in which wrong advice bona fide given without negligence or carelessness may amount to sufficient cau ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... her than an appeal, and we accept his affidavit that he had the money ready to make the security deposit if required. We think that the opinion which was given by his counsel was an opinion which might well have been given, but which, as it transpires, is erroneous on the decision of this Court, though a contrary view has been taken in another High Court. We think, therefore, that sufficient cause has been made out. 9. The contrary opinion which was given to him was by a junior counsel, and we think that the appellant has not acted with negligence in accepting the advice of his senior counsel. We are of opinion that sufficient cause has been made out for the delay in filing the present appeal. We accordingly extend the time under the pro ..... X X X X Extracts X X X X X X X X Extracts X X X X
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