Madhya Pradesh High Court Recognises Lawyer’s Mistake as Possible Ground for Delay Relief

The Madhya Pradesh High Court held that a litigant’s reliance on incorrect legal advice may constitute sufficient cause for condonation of delay in an appropriate case.

Background and legal issue

The dispute arose after an ex parte decree in a land-specific-performance suit. The defendant said counsel had not advised the available procedure for setting aside the decree, resulting in delayed action.

Legal reasoning and context

Justice Vinay Saraf observed that a party genuinely dependent on counsel should not automatically lose a remedy because the lawyer failed to explain it. The principle does not excuse every delay: the explanation still requires examination against the facts and statutory test.

Legal effect and next step

The High Court remanded the condonation application for reconsideration. The trial court must assess the explanation rather than reject it mechanically.