TMI Blog1988 (1) TMI 21X X X X Extracts X X X X X X X X Extracts X X X X ..... ous Petition No. 191 of 1981 dismissed for default. It was not disputed before us that a counsel was appearing for the petitioner in Miscellaneous Civil Case No. 263 of 1985 and in Miscellaneous Petition No. 191 of 1981 and that counsel failed to appear when the case was called on for hearing. Learned counsel for the applicant referred to the decision of the Supreme Court in Rafiq v. Munshilal, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... present adversary legal system, where the parties generally appear through their advocates, the obligation of the parties is to select his advocate, brief him, pay the fees demanded by him and then trust the learned advocate to do the rest of the things. The party may be a villager or may belong to a rural area and may have no knowledge of the court's procedure. After engaging a lawyer, the party ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ter. Ignorance in this behalf is our bliss. Even if we do not put our seal of imprimatur on the alleged practice by dismissing this matter, which may discourage such a tendency, would it not bring justice delivery system into disrepute ? What is the fault of the party who, having done everything in his power and expected of him, has to suffer because of the default of his advocate ? If we reject t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... der. We direct that the appeal be restored to its original number in the High Court and be disposed of according to law." Following the aforesaid decision, this application is allowed. Miscellaneous Petition No. 191 of 1981 is restored. As the petition can now be disposed of only by the Central Administrative Tribunal, the registry is directed to arrange to send the record of the case to the Tri ..... X X X X Extracts X X X X X X X X Extracts X X X X
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