Advocate's 'Mischievous Behaviour'- Allahabad HC 'Recalls' Order Directing The Listing Of A Case Before Another Bench Which Can 'Tolerate' It

The Allahabad High Court last week recalled its order in which it had directed the listing of a matter before another bench citing the "mischievous behavior of the advocate".

Essentially, on September 6, 2021, while hearing civil applications in the matter, which are pending since 1995, the Court had inquired from the Advocate regarding the delay condonation in all the matters, as all the matters were to be heard together.

At that time, the Bench of Justice Dr. Kaushal Jayendra Thaker and Justice Subhash Chand noted, the Advocate did not address the Court properly and, therefore, the Court had passed the order of listing of the matters before any other Bench.

However, on Monday (September 13)the Senior members of the Bar and the President of the Bar Association requested the Court to recall the order though not requested by the counsel, who had misbehaved. 

Therefore, recalling its September 6 Order, the Court condoned the delay only in F.A. No. 1028 of 1995 (and in no other matters) and the matter was listed on September 17, 2021. 

Finally, on September 17, 2021, the delay in filing of appeal was thereby condoned in First Appeal Nos. 190 of 1998, 267 of 1998 and 1028 of 1995.

Case title - Raja Ram v. State of U.P.

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