Due Diligence

The phrase “due diligence” came for consideration before the Supreme Court in Chandra Kanta Bansal v. Rajinder Singh Anand, 2005 (34) AIC 249 (SC) : (2005) 6 SCC 344, in which it has been held that the words “due diligence” have not been defined in the CPC. According to Oxford Dictionary (Edition 2006), the word “diligence” means careful and persistent application or effort. “Diligent” means careful and steady in application to one’s work and duties, showing care and effort. As per Black’s Law Dictionary (18th Edition), “diligence” means a continual effort to accomplish something, care, caution, the attention and care required from a person in a given situation. “Due Diligence” means the diligence reasonably expected from, and ordinarily exercised by a person who seeks to satisfy a legal requirement or to discharge an obligation. According to Words and Phrases (Permanent Edition 13-A) “due diligence” in law, means doing everything reasonable, not everything possible. “Due Diligence” means reasonable diligence; it means such diligence as a prudent man would exercise in the conduct of his own affairs.
The Hon’ble Apex Court again in J. Samuel v. Gattu Mahesh, 2012 (115) RD 533, held that due diligence is the idea that reasonable investigation is necessary before certain kinds of relief are requested. Duly diligent efforts are a requirement for a party seeking to use the adjudicatory mechanism to attain an anticipated relief. The term “due diligence” determines the scope of a party’s constructive knowledge, claim and is very critical to the outcome of the suit. Vidyawati v. State of U.P., 2014 (124) RD 722 (LB).

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