LEGAL PRINCIPLE: APPELLATE PRACTICE – Remittal of Case – Negligence of Counsel – Whether Ground to Set Aside Judgment

Counsel’s negligence or inability to present case properly is NOT ground to set aside judgment. Grounds for setting aside judgments are: (1) want of jurisdiction—court lacked jurisdiction; (2) procedural irregularity—fundamental procedural defects. Counsel’s incompetence doesn’t fall within these categories. “Unable to present case properly” means: counsel performed poorly, failed to advance arguments, or inadequately represented client. This doesn’t: vitiate the decision, constitute jurisdictional defect, or amount to procedural irregularity. This serves: finality of judgments, preventing parties from escaping adverse judgments by blaming counsel, and maintaining principle that parties bear consequences of counsel choice. Parties choose their counsel and: must accept consequences of that choice, cannot later complain counsel was inadequate, and cannot set aside judgments based on counsel’s performance. Recognized exceptions to finality (jurisdiction, procedural irregularity) don’t include: counsel negligence, poor representation, or inadequate advocacy. This rule prevents: parties from using counsel incompetence as safety net, endless applications blaming counsel, and undermining judgment finality. The principle is: parties live with their counsel’s performance, must appeal within time if aggrieved, and cannot resurrect concluded matters by claiming counsel was inadequate.