SATYENDRA NARAIN SINGH Vs. RAM NATH SINGH

JUDGEMENT

(1.) Special Leave granted limited to the question of the propriety of briefing a soil to appear before his father.

(2.) In Bihar, there is an Association called the State Society for the Prevention of Cruelty to Animals. As if other forums do not provide enough opportunities for factious fights, there was an unseemly wrangle amongst the members of the Society over its day-to-day management. So much indeed, that inspired by the lofty ideal of preventing cruelty to animals, they forgot that they did not have to be unkind to their own brotherhood. Their petty disputes led to the filing of a suit in the Court of the learned Munsif, 3rd Court, Patna. That suit was instituted by respondent 1, who claims to be a life member of the Society. He filed an application in the suit for an injunction restraining the appellants and respondent 3 from interfering with the working of the Society. That application was allowed by the trial Court. The appeal filed against the order of interim injunction was dismissed by the learned Additional District Judge VI, Patna. So much was enough litigative wastefulness. But a litigation, once begun, has to run its full course, particularly when it is believed that what is involved is prestige and so-called principles.

(3.) The appellants filed a revision application in the High Court of Patna against the order of the District Court. A learned single Judge of the High Court issued a Rule on that application, calling upon respondent 1 to show cause why the order of injunction should not be set aside. The revision application came up for hearing before Justice S. K. Jha on July 3, 1980 when Shri Bindeswari Chaudhury, Advocate, who appeared for the appellants asked for an adjournment. The learned Judge adjourned the case to July 9, 1980. On July 8, the appellants engaged Justice S. K. Jha's advocate son Shri Sailendra Kumar Jha to appear for them. The learned Judge was surprised to find that the appearance of his son was filed in a case of which he was already seized. It is alleged that the appellants told Shri Sailendra Kumar Jha that the case was not ready for hearing and that it was not even on the monthly cause list. It appears that the learned advocate had made it clear to them that he will not appear in the case if it was listed before his father.