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Ram Dulare Lal Vs. Chhangamal and ors. - Court Judgment

LegalCrystal Citation
SubjectCivil
CourtAllahabad
Decided On
Reported inAIR1930All309; 117Ind.Cas.104
AppellantRam Dulare Lal
RespondentChhangamal and ors.
Excerpt:
- - 2. again, there has been made the surprising suggestion in this court that the result of requiring lawyers to do their public duty may be that a lawyer may accept the case and will deliberately refrain from putting up a good fight. whether a lawyer puts a good fight or not is a matter that can be ascertained from the record, when the case is completed. 3. a copy of this order is to be sent to chhangamal and to the subordinate judge of farrukkabad and let all proceedings in the case be stayed until one hears with what success chhangamal has met......must adopt the same procedure, as i have indicated before that is to say, that he should write a letter to a local vakil expressing his readiness to pay him a fee, appropriate and proper, for the case. he should at the same time offer to furnish him with all the instructions necessary to defend the case and he should keep a copy of that letter. if the vakil is not willing to accept the case and makes excuses of a dubious character a copy of the letter sent by chhangamal to the lawyer and the letter of the lawyer should be sent to me and i will deal with the matter.2. again, there has been made the surprising suggestion in this court that the result of requiring lawyers to do their public duty may be that a lawyer may accept the case and will deliberately refrain from putting up a good.....
Judgment:

Mears, C.J.

1. This is another application in which professional misconduct is alleged generally against local counsel at Farrukhabad, that is to say, the defendant having had a suit brought against him by a plaintiff, who is a legal practitioner, says that he could not secure the services of a local counsel even for writing a petition for adjournment and had to get it drawn up by a petition-writer and they have all refused to accept his case on one ground or the other. Apparently the valuation of the case is considerable, being Rs. 29,705-5. Chhangamal must adopt the same procedure, as I have indicated before that is to say, that he should write a letter to a local vakil expressing his readiness to pay him a fee, appropriate and proper, for the case. He should at the same time offer to furnish him with all the instructions necessary to defend the case and he should keep a copy of that letter. If the Vakil is not willing to accept the case and makes excuses of a dubious character a copy of the letter sent by Chhangamal to the lawyer and the letter of the lawyer should be sent to me and I will deal with the matter.

2. Again, there has been made the surprising suggestion in this Court that the result of requiring lawyers to do their public duty may be that a lawyer may accept the case and will deliberately refrain from putting up a good fight. Whether a lawyer puts a good fight or not is a matter that can be ascertained from the record, when the case is completed. It can then be seen, if he asked proper questions and if he examined his witnesses with care and cross-examined the witnesses of the opposite party on material matters with discretion. If on enquiry it comes to light that a lawyer deliberately refrained from doing his duty, one step alone must be taken and that is, to remove his from profession, which he has SO manifestly disgraced by his conduct. In Farrukhabad, as elsewhere, lawyers have got to learn that in this profession they have got to do their duty, and if Chhangamal can bring to my notice a clear case of a pleader refusing to take his brief, when all the conditions are fulfilled, namely, the tender of a proper fee, the willingness to give complete instructions and the case of the character that the pleader is accustomed to take and no allowable, reasonable and honest excuse is put forward I will see that justice is done in the matter.

3. A copy of this order is to be sent to Chhangamal and to the Subordinate Judge of Farrukkabad and let all proceedings in the case be stayed until one hears with what success Chhangamal has met.


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