Allahabad HC: Don't Reagitate Cases Without Error

Quick Summary

The Allahabad High Court has ruled that legal advocates should not advise clients to re-open cases if there's no apparent error in the original judgment. This decision came as the court dismissed a civil review application filed six years late, which violated the Limitation Act. The court noted that the pandemic, used as a reason for the delay, occurred long after the original case was disposed of, indicating ample time for a timely appeal.

In Malhan & 17 Ors. v. State Of U.P. & Anr, the Allahabad High Court held that advocates should refrain from advising their clients to reagitate the case when there is not any prima facie error after an order has been passed.
A Division Bench comprising of Justices Dr. Kaushal Jayendra Thaker and Vivek Varma observed this while rejecting a civil review application wherein a review application was filed after a period of 6 years in violation of the Limitations Act.
In this case, the appellant relied on the pandemic to seek condonation for delay in filing the appeal.
The Court observed that the appeal was disposed of in 2016 by the Supreme Court and the pandemic struck in 2020-2021.
The Court held that the appellant clearly had more than enough time to file an appeal.
The Court further said that a counsel should not advice their client to file an appeal when a case has been disposed of without any error.
Accordingly, the Court dismissed the appeal with a token cost of Rs. 10,000/-

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