Condonation of Delay -- Mistake of Lawyer in Not Advising Litigant -- Litigant should not suffer for lawyer’s failure
(i) Limitation Act, 1963, S.5 -- Condonation of Delay -- Mistake of Lawyer in Not Advising Litigant -- A litigant fully dependent upon his lawyer should not suffer where the lawyer commits a mistake by not advising him to file an application for setting aside an ex parte decree -- Mistake of counsel is a ground for condonation of delay, and the litigant ought not to be rendered remediless on this account. (ii) Limitation Act, 1963, S.5 -- Limitation -- Purpose of Limitation Law -- Rules of limitation are not meant to destroy the right of parties but seek to provide a legal remedy to repair the damage caused by legal injury -- This purpose informs the exercise of discretion to condone delay.
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