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A lawyer is expected to know the law but not the procedural rules

In D. SARAVANAN vs SUPERINTENDING ENGINEER TANGEDCO TNEB DISTRIBUTION CIRCLE, an appeal was filed before the Supreme Court against the decision of the Division Bench of the Madras High Court in request an application for agricultural service connection as defective for non-payment of Registration Fee as per procedure only because the applicant was an advocate and therefore ought to have known about the rules and regulations.

The Supreme Court held that the case of the appellant that he was not aware that Rs.50/was required to be deposited has been disbelieved only because he is an Advocate. A presumption that an Advocate is supposed to know the law can be raised but there can be no presumption that an Advocate is well aware of all procedural requirements regarding making of an application for agricultural service connection. We are of the view that the Division Bench without any basis refused to accept the stand of the appellant that he is not aware that Rs.50/was to be submitted as registration fee. The respondent while writing letter dated 07.03.2011 pointed out the defect in the application dated 06.12.2010 and the defect of nonremittance of Rs.50/as registration fee would have been as well pointed out which could have obviated the litigation and loss of time and energy of both the parties. We are, thus, of the view that the respondents cannot be allowed to take benefit of their lapse in not pointing out the defect while they wrote letter dated 07.03.2011.

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