NANDLAL LOHARIYA versus JAGDISH CHAND PUROHIT AND ORS.

NANDLAL LOHARIYA versus JAGDISH CHAND PUROHIT AND ORS.

Because the three original complaints were dismissed on merits and there was no finding or proof of negligence or deficiency in service by the advocates, the complaints against the advocates failed and the Special Leave Petitions are dismissed (also on account of delay).

Parties
Petitioner: NANDLAL LOHARIYA; Respondent: JAGDISH CHAND PUROHIT AND ORS.
Jurisdiction
India
Judgment Date
08 November 2021
Procedural Posture
Special Leave Petition (c) Diary No. 24842 of 2021 / Special Leave Petition Dismissed by the Supreme Court
Outcome
Special Leave Petitions dismissed
Legal Topics
Deficiency in Service, Compensation, Liability of Advocates, Dismissal on Merits, Delay in Filing
Consumer Protection Act, 1986 Professional Negligence Legal Services Deficiency in Service Compensation Liability of Advocates Dismissal on Merits Delay in Filing

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Parties

NANDLAL LOHARIYA

Petitioner

JAGDISH CHAND PUROHIT AND ORS.

Respondent

Procedural Posture

Special Leave Petition (c) Diary No. 24842 of 2021 / Special Leave Petition Dismissed by the Supreme Court

Legal Issues

  1. 1 Whether mere losing on merits without proof of negligence constitutes deficiency in service by an advocate
  2. 2 Whether a litigant can seek compensation before consumer fora against his advocate for losing a case on merits
  3. 3 Whether delay in filing the Special Leave Petition and the complaints affects maintainability

Ratio Decidendi

Because the three original complaints were dismissed on merits and there was no finding or proof of negligence or deficiency in service by the advocates, the complaints against the advocates failed and the Special Leave Petitions are dismissed (also on account of delay).

Court Disposition

Special Leave Petitions dismissed

Orders

  • Special Leave Petitions dismissed on the ground of delay as well as on merits
  • Pending applications, if any, stand disposed of