Costs are not only a unitary financial factor in litigation. They also create a bad impression in the judge's mind. It's not only about the money. As pointed out by everyone here, please go talk to your partner, but got with a solution. It'll all be fine.

Have seen partners and counsels make mistakes. Everyone does. Relax.

I understand that, but cannot i resolve it at my end? The matter is currently at other defendant's evidence stage, plaintiff's cross examination is completed so at this stage cannot i file set aside order application to set aside the order where we have been proceeded ex parte?

Also our WS, Vakalatnama, Affidavit of submission/denial was on record in time, can court still proceed us exparte, instead of just closing our evidence right?

Thanks for the detailed answer, since i have my name on Vakalatanama is it possible to just file the application to set aside order with signatures at end Through counsel, or do these applications mandatorily require affidavit of client, main issue is that client and firm doesn't know yet and i want to resolve the issue at my end, even if cost is imposed like 2000, i can pay from my own pocket, but telling firm would lead to me getting fired as 4-5 appearances have been missed and due to financial crunch i cannot afford that right now.

Thanks for the help.

Sounds like a hot episode of Maamla Legal Hai! Hahahah anyway... as far as I can tell, the matter is perhaps for the Commercial Court. File Order 9 Rule 13 (or Order 9 Rule 7, depending on the context) and state something along the lines of an e-courts glitch, etc., as it is down almost all the time. I have even seen applications being allowed on the pretext of "mera munshi diary maintain karna bhul gaya," so trust me, it's not going to be that bad.

Offer to compensate the defendant with costs (how much depends on a judge-to-judge basis—sneak into their previous cause lists and you will know how much this specific judge is imposing in other matters). You can also ask the Ahlmad, LC, or Reader of the court to find out how much cost this judge usually imposes. Whether the defendant's evidence is at the tendering stage or the cross-examination stage determines the cost that would most likely be imposed on you.

Other than this, there is a plethora of Delhi High Court (DHC) judgments that have allowed plaintiffs to participate even at a later stage. Look for the principle that 'procedural defects shall not cease a litigant's statutory rights.'

So you can’t really hide it from your partner or firm long term, since the client will surely enquire about it someday (especially if 3-4 hearings have already happened). I’d say the best thing for you would be to come clean to your partner before he finds out from some other source and hope for the best.

Own up to your mistake. Do not lie to your Partner. He may yell at you and even fire you but he will find sulutions.

A lost job is better than Partner and Client filing a complaint of professional misconduct.

Even to file an application, you need the client's permission.

Made a big mistake at work :(. So i work in this firm we all have different clients assigned. So for one of this client i was appearing in district court of delhi, filed vakalat, WS and affidavit of submission/denial, all good then due to some issue this matter got deleted from my internal MIS. Due to i didnt have record of this matter and didnt appear in subsequent dates for like 3-4 hearings. So the judge passed order and our defense is now struck off. Currently the other opposite party's evidence is going on.

Now this is like one of the most premium client of our firm which pays big but recently relationship between the client and our firm has not been much good. If this thing gets our that their defense is struck off and proceedings are running ex-parte, my partner will surely fire me and id be left without job so i cant even tell him about this.

The client doesnt have inhouse legal so they havent figured it out, and issue is i dont have any SA, PA like other associates in my firm, as i directly work with Partner so can only report to him. But i can never reveal this to him.

So what can i do, i know i can file Order IX Rule 7 app. to set aside the order but would this even work after multiple absenses in dates and defense struck off. I fear the judgement be passed against us as our written statement and arguments wont be considered.

Without this job i wouldnt have anything to earn, really made a big mistake, any thing i can do without firm knowing about it? If even application is allowed how much cost may court impose as i would have to bear it out of my own pocket.