Supreme Court of India

Rafiq v Munshilal

AIR 1981 SC 1400; (1981) 2 SCC 788; 1981 SCR (3) 50919811 min read
The case in brief30-second read
Facts
The appellants' second appeal in the Allahabad High Court was dismissed because their advocate did not appear at the hearing. Their application to recall the order was rejected, partly because of delay by the advocate in filing an affidavit.
Issue
Whether a litigant who entrusted his case to an advocate is entitled to have the appeal restored when the advocate failed to appear.
Held
The appeal was allowed. An innocent litigant who has done everything in his power by entrusting the case to an advocate should not suffer for the inaction, deliberate omission or misdemeanour of his agent. The second appeal was restored to the High Court's file, and the respondent's costs of Rs.200 were to be recovered from the advocate who absented himself.
Principle
A party should not suffer for the default of his advocate when he himself has done all he could.
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Facts

  • The appellants' second appeal in the Allahabad High Court was dismissed because their advocate did not appear at the hearing. Their application to recall the order was rejected, partly because of delay by the advocate in filing an affidavit.

Issue

  1. Whether a litigant who entrusted his case to an advocate is entitled to have the appeal restored when the advocate failed to appear.

Held

  • The appeal was allowed. An innocent litigant who has done everything in his power by entrusting the case to an advocate should not suffer for the inaction, deliberate omission or misdemeanour of his agent. The second appeal was restored to the High Court's file, and the respondent's costs of Rs.200 were to be recovered from the advocate who absented himself.

Ratio decidendi

Once a litigant has engaged an advocate and done what was in his power, the advocate's absence is sufficient cause for restoring the matter; the burden of costs may be placed on the defaulting advocate.

Exam use

How to use it in an answer

  • Sufficient cause: Cite under O.IX R.9 and R.13 for an advocate's default.
  • Key line: "An innocent litigant cannot be made to suffer for the fault of his advocate (Rafiq v Munshilal, 1981)."

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Citation

Rafiq v Munshilal AIR 1981 SC 1400; (1981) 2 SCC 788; 1981 SCR (3) 509

Reported: https://indiankanoon.org/doc/1056576/. This is an educational summary, not the judgment itself. Cite the reported version in professional or academic work.