IN RE:A PLEADER Vs. STATE

JUDGEMENT

(1.) THIS case comes before the Court under Section 15 of the Legal Practitioners Act upon the finding expressed by the learned District Judge of Madura after holding an inquiry into a complaint against a pleader of pro -fessional misconduct. The relevant provisions of that Act are found in Section 13 which provides as follows:

(2.) THE pleader was engaged by clients to propound a will as the last testament of a deceased person. He filed a vakalat, together with the necessary papers and documents seeking grant of probate. In regard to the will the pleader was not an attesting witness, but, according to his own statement contained in his counter -affidavit affirmed on 28th July, 1947, he had drafted the will and was present at the time it was executed by the testatrix and signed by several attesting witnesses.

(3.) HE knew, therefore, prior to the hearing or trial of the testamentary suit, that he was a necessary witness and, as he describes it, one who was absolutely necessary; The clearly realised that he would be called as a witness in support of the parties propounding the will.