Trend of challenging acts of counsels by litigants on flimsy grounds needs to be curbed, says HC
Posted on Jan 02, 2022 | Author Syed Rukaya
Srinagar, Jan 01: The High Court of Jammu & Kashmir and Ladakh said that if the litigants are encouraged to resile: abandon a position or a course of action, from the compromises arrived at by their counsels in the absence of allegations of fraud or deceit, then it would be difficult for the Courts to rely upon the statements of counsels.
The court said that the trend of challenging the acts of counsels by litigants on flimsy grounds and without any substance needs to be curbed.
The court was hearing a plea challenging the order passed by the Lok Adalat on June, 24, 2014, whereby, on the basis of settlement between petitioners and the respondent Insurance Company, a sum of Rs.3,20,000 was awarded as compensation in favour of the petitioners as full and final settlement of the claim petition.
The claim petition filed by the petitioners against the respondent Insurance Company before Motor Accident Claims Tribunal, Srinagar had arisen out of the death of their daughter in a road traffic accident which was placed before the Lok Adalat on June 24, 2014.
The court noted that the petitioners had executed a Vakalatnama in favour of the counsel who had entered into negotiations with the respondent Insurance Company.
As per the terms of the Vakalatnama, the court underscored, the counsel was authorized to enter into compromise on behalf of the petitioners.
"Therefore, it does not lie in the mouth of the petitioners to say that they had not authorized the counsel to enter into negotiations and compromise with the respondent Insurance Company, particularly when they do not dispute the engagement of the counsel to prosecute the case on their behalf," it recorded.
Dismissing a plea, the court said it would be difficult for the Courts to rely upon the statements of counsels which they make before the Courts on behalf of their clients on a regular basis if such trend of challenging the acts of counsels by litigants on flimsy grounds continue.