R K AGARWAL Vs. RANA HARISCHANDRA RANJIT SINGH

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 salt filed by the applicant-original plaintiff for certain directions and reliefs, it was contended by the plaintiff that on 30th december, 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 30th December 1991 and who filed the written statement on behalf of defendants, had not denied the fact that the meeting took place on 30th December, 1991, but only contended that the contract between the plaintiff and the defendants was not concluded in the said meeting.