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Litigant Should Not Suffer Due to Lawyer’s Mistake; Courts Must Adopt Lenient Approach in Setting Aside Ex-Parte Decrees: Madras High Court

23 Oct 2025 4 min read
Litigant Should Not Suffer Due to Lawyer’s Mistake; Courts Must Adopt Lenient Approach in Setting Aside Ex-Parte Decrees: Madras High Court

The Madras High Court, in a significant ruling on October 22, 2025, held that the interest of a litigant must not be prejudiced due to the mistakes or negligence of their lawyer. The Division Bench of Justice S.M. Subramaniam and Justice Mohammed Shaffiq emphasized that courts should ordinarily adopt a lenient approach while setting aside ex-parte decrees, except in cases where the conduct of the party shows complete indifference. Court’s…

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