I won a case against a housing society at the district level in Karnataka. They received summons, appeared in court, but then stayed away throughout the proceedings. Now, they’ve approached the state-level court claiming their lawyer didn’t attend and inform them about the proceedings, resulting in them missing the judgment. They filed this appeal 32 days late, exceeding the allowed timeframe. The higher court acknowledges this delay and they’ve paid 50% of the award amount. Should the state court have admitted their appeal despite the significant delay, or should it be dismissed? This society has consistently disregarded legal procedures from the beginning.
Best Answer
Based on Indian law, the State court should likely dismiss the appeal. While the society claims their lawyer’s negligence, they missed the judgment due to their own inaction despite receiving summons and appearing initially. The significant delay, exceeding the allowed timeframe, along with the consistent disregard for legal procedures, strengthens the case for dismissal.
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