Raju Z Moray

| @ | February 18,2019

GOBBLE D. Gook has just come to know, like everyone else that a few days ago, a three-judge bench of the Apex Court dismissed an Appeal because the counsel who was engaged to argue it could not attend the Hon’ble Court as he was out of station.
Another counsel did appear and requested the Court to adjourn the matter on that ground.
The court said it was no ground.
It asked the adjournment seeker to argue.
He candidly confessed that he did not know anything and could not argue the matter.
So the cheesed-off Court dismissed the case!
So far, everything seems quite normal.
These things do happen.
Then the absent ones present themselves in Court, apologise, and the Court hears them and dismisses the case once again..
But this time “on merits”.
Everyone is happy that justice is at least seen to have been done!
But in this particular case the bench added that the case would not be restored under any circumstances.
Now that is truly not normal.
Justice is neither done nor appears to be done.
Gook finds this too harsh.
This whole system exists not just because of “We, the People” but specifically because of “We, the continuously litigating people”.
…the bread and butter of the legal profession who keep the cases coming.
Just imagine, if there were no cases,
what would lawyers argue and judges judge?
Under the circumstances is it right to say
we will never reconsider, never budge?
What is the litigant’s fault in all this?
He is before the Apex Court after losing in lower courts.
In other words, he is already a court loser.
Then he has to brief a legal team..
which makes him a financial loser as well!
Why does he keep coming to courts then?
Because he still hopes that even if he has lost,
justice will win… in the end.
It is only hope and faith that has kept this system alive.
But when a case is dismissed without any scope for restoration just because the arguing counsel took a holiday is not fair… at least it does not seem fair to an old fashioned esquire like Gook.
He thinks Milords, this ain’t Cricket.
But umpiring mistakes have always inspired him to pen Law-mericks.
So here is one to commemorate the Lost Case of the Missing Counsel.
A small order has become a big sensation
Case dismissed as counsel is out of station
       Majesty of Law may be satisfied
       But the patient, Justice, has died
For the mourning litigant is that a salvation?

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JUSTICE NOT DELIVERED. What if Judge, a human being fell I’ll, sick? Does the ratio here apply there? What if NOT TO SIT motion taken by BAR? What if State declares a Holiday? There are numerous WHAT IFs to prove that non merit disposal is effectively a “unheard dismussal’ which is unimaginable. If on Judge’s failure, a case can be ADJOURNED W/I any written document, the same Judge, rather JUDGE is bound to give ‘unnumbered’ adjournment on Benefit of Doubt to meet the ENDS IF JUSTICE but yet keeping the LOOSE ENDS in his hand to here the other counsel… Read more »

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