IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NOS.13321-13322 OF 2024 (Arising out of S.L.P.(Civil) No.10186-10187 of 2024)
THE STATE OF BIHAR & ORS. ... APPELLANT(S)
VS.
BAIKUNTH SHARMA ... RESPONDENT(S)
O R D E R
Leave granted.
Heard the learned counsel appearing for the
appellants.
By the first impugned order dated 19th April, 2023, a
Letters Patent Appeal (LPA) preferred by the appellants
was dismissed on the ground that their advocate showed
unwillingness to argue the appeal. The Court noted that
on 12th April, 2023, an adjournment was granted to the
appellants with a notice that if the LPA was not argued
on the next date, the same will be dismissed. By the
second impugned order dated 11th October, 2023, an
application for recall of the order of dismissal has been
rejected.
1
It is true that the High Court not only granted
adjournment on 12th April, 2023 but had put the appellants
to the notice that if on 19th April, 2023, the appeal was
not argued, it was liable to be dismissed for
non-prosecution. It is also true that there may not be
any justification for the conduct of the advocate
appointed by the appellants. However, for the mistake of
the advocate, the appellants cannot be allowed to suffer.
Therefore, we set aside the impugned orders dated
19th April, 2023 and 11th Octobe...