A party must not be made to pay for her lawyer's neglect, the Madhya Pradesh High Court holds while undoing ex parte proceedings
3 November 2026
Justice Sandeep N. Bhatt of the Madhya Pradesh High Court has undone ex parte proceedings taken against a woman in a civil suit pending at Indore.
The case is Ku. Jyoti Singh vs Chetan Lashkari.
She told the Court that her former counsel never kept her posted on what was happening in the trial court, even though she kept asking.
The Court found support for this in the messages exchanged between them and held that a litigant cannot be made to suffer for the negligence of an advocate.
It noted that the lawyer had given her wrong information about the proceedings and had not objected to a status quo order at the first hearing.
Treating the conduct as serious professional misconduct, the Court read it against Section 35 of the Advocates Act, 1961 and the Bar Council of India Rules.
It asked the Bar Council to consider suitable action against the advocate concerned.
In plain words
Ex parte Ex parte proceedings — Proceedings carried on without one side being heard.
Professional misconduct Professional misconduct — Conduct by an advocate that breaches the duties of the profession.