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Ramlall Agarwallah Vs. Moonia Bibee and ors. - Court Judgment

LegalCrystal Citation
SubjectCivil
CourtKolkata
Decided On
Judge
Reported in(1881)ILR6Cal79
AppellantRamlall Agarwallah
RespondentMoonia Bibee and ors.
Cases ReferredEarl Cholmondeky v. Lord Clinton
Excerpt:
practice - attorney and client--application to restrain attorney changing sides. - .....laid down in the case cited. i thought it would be for the benefit of the profession, that attorneys should know clearly what cases they were entitled to take up. mr. wheeler having admitted that he took an active part in the conduct of the defendants' case, i consider that the defendants are entitled to the order asked for; but in granting the application i wish it to be understood, that i have not entered into a discussion of the facts of the present case, and have refrained from any consideration of the question as to which of the parties to the application would be most prejudiced by my order. i would, thererore, simply decide the matter upon the point of law laid down in the case cited by mr. hill.
Judgment:

Wilson, J.

1. I consider it unnecessary to go into the facts, but upon the broad principle of law, laid down in the case of Earl Cholmondeky v. Lord Clinton (19 Ves., 261), viz., that an attorney having discharged his client cannot change sides, I will not enter into or decide the motion on the facts as stated in the affidavits. I feel myself bound to follow the ruling laid down in the case cited. I thought it would be for the benefit of the profession, that attorneys should know clearly what cases they were entitled to take up. Mr. Wheeler having admitted that he took an active part in the conduct of the defendants' case, I consider that the defendants are entitled to the order asked for; but in granting the application I wish it to be understood, that I have not entered into a discussion of the facts of the present case, and have refrained from any consideration of the question as to which of the parties to the application would be most prejudiced by my order. I would, thererore, simply decide the matter upon the point of law laid down in the case cited by Mr. Hill.


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