We do not guarantee result in litigation – why…

We do not guarantee result, one way or the other, in litigation. In fact no one can. Why ….. keep reading.

The out come of litigation depends upon a lot many factors like facts, legal position, manner of presenting the case, the efficiency and skill of the advocates, the care taken by the clients in presenting all relevant facts and the understanding capacity, personal beliefs/prejudices and philosophy, integrity and impartiality of Judges. Consider this :

A litigant may win in the trial court, but may loose in the first appeal; may win in appeal but loose in second appeal. Or a litigant may loose at trail and first appellate court but win at the second appellate court. The hierarchy of appeals, revisions and reviews may lead to reversal and further reversal.

If litigating before tribunals (quasi courts), chances are Judges are not trained or experienced. Also there may not be sufficient number of Judges at tribunal (which is common even for Courts in India). Add to that the lack of judicial discipline like a Judge fully aware of the fact that she/he is retiring, still continues to hear matters and may even reserve orders for pronouncing at a later date. And before his last date of retirement may not be able to pronounce the orders which were reserved. In such situation, litigant need to wait for reconstitution of the bench of tribunal and then hearing starts again from the beginning. All this at the cost of the litigant.

This leads to a lot of uncertainty and if any one tells you or promises about certainty of result and if you know what is stated here … you know there is no guarantee of result in litigation.

Also remember that Judges are first human being like us. And, like us, they are bound to be guided by self compass of “good person” and hence biased. To know more on ‘good person’, check Dolly Chugh’s TED Talk – which was named one of the 25 Most Popular TED Talks of 2018.

If you want to know how judges decide the cases, search on internet “Nature of the Judicial Process”.

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Chamber of Prakash K. Pandya

Advocate, Mediator and Insolvency Professional

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