R K AGARWAL Vs. HARISHCHANDRA RANJITSINGH

JUDGEMENT

(1.) A short important question of law is involved in this civil revision application. The question is, in a civil suit if an Advocate accepts the brief and conducts the matter knowing full well that he is likely to be cited as a witness on material point, can he subsequently withdraw himself from the suit and appear as a witness.

(2.) IN the suit filed by the applicant original plaintiff for certain directions and reliefs, it was contended by the plaintiff that on 30/12/1991 oral agreement was entered into between the present applicant and the respondents-original defendants as regards the sale of the suit property. In the plaint filed by the applicant, more particularly Para 9 he averred to the effect :

(3.) IN the written statement filed on behalf of the defendants in Para 19 Shri Vaishnav, who was present in the meeting held on 30/12/1991 and who filed the written statement on behalf of the defendants, had not denied the fact that the meeting took place on 30/12/1991, but only contended that the contract between the plaintiff and the defendants was not concluded in the said meeting.