SC Directs Attorney to Pay Rs. 1 Million for Unauthorized Consent 

The Supreme Court recently directed an attorney to pay Rs. 1 million in compensation to a client after the attorney consented to set aside a favorable District Court judgment without the client’s authorization. The case revolved around a right of way dispute, where the client initially succeeded in the District Court, later an Appeal was filed in Civil Appellate High Court.

The client sought to widen an existing road over neighboring land, claiming a right of way by necessity. The District Court ruled in favor of the client, but during the appeal, the attorney consented to overturn the judgment, consenting that an existing road made the right of way by necessity unnecessary. This action was taken without the client’s consent, resulting in the loss of the appeal.

During the inquiry, President’s Counsel, who represented the attorney, argued that the lapse could be attributed to an absence of clarity in the attorney’s submissions to the Civil Appellate High Court. He further contended that the attorney had fought the case diligently in the District Court, securing a favorable outcome for the client at that stage. President’s Counsel emphasized that the misunderstanding in the appeal proceedings may have stemmed from a failure to distinguish between the specifics of the case and the legal principles involved.

The Supreme Court, after reviewing submissions from all parties noted that the Civil Appellate High Court’s judgment had independently concluded that the right of way by necessity was not applicable, given the existence of an alternate road. The consent given by the attorney was recorded after this conclusion was reached by the Appellate Court, which noted in its judgment.

The attorney however agreed to compensate the client, leading to the Court’s direction for Rs. 1 million in compensation to be paid within one week. The case was formally concluded, with the client permitted to withdraw the compensation from the Court’s Registry.