AIR 1988 GUJARAT 48

Gujarat High Court

Hon'ble Judge(s): Amratlal P. Ravani , J

(A) Limitation Act (36 of 1963) , S.5— Condonation of delay - Sufficient cause has to be construed liberally so as to advance the cause of justice and not the cause of technicalities. It is well settled that 'sufficient cause' has to be construed liberally so as to advance the cause of justice and not the cause of technicalities. As far as possible, a case should be decided on merits and a party should not be deprived of his right to get the case examined on merits.(Para 6) @page-Guj49 (B) Advocates Act (25 of 1961) , S.49(1)(c)— Bar Council of India Rules (1975) , R.12— Filing of instruction purshis - Advocate filing no instruction purshis and instantaneously retiring from the case - No notice had been given to litigant also - Court accepting non instruction purshis without verifying as to whether there was sufficient cause for the advocate to retire - This amounts to failure on part of the court to exercise the jurisdiction vested in it. In cases where the Court feels that 'no-instruction' purshis was filed by the advocate for sufficient cause and with reasonable and sufficient notice to the litigant, it should be necessary for the Court, again to satisfy about the later part of the rule which says that the advocate shall ref....