RAMBHAROSA KALAR BHAWANI KALAR Vs. SURENDRA NATH THAKUR

JUDGEMENT

(1.) This is a reference under Section 13 of the Legal Practitioners Act (No. 18 of 1879) by the District Judge, Durg at Rajnandgaon at the instance of the applicant Rambharosa against the non-applicant.

(2.) The proceedings registered as Misc. Judicial Case No. 13 of 1954 and started in the Court of Civil Judge Class II, Rajnandgaon were dropped by him on 7-41955. He was of the view that he had no jurisdiction to continue the enquiry against the lawyer and, therefore, he referred the matter to the District Judge, who in his turn made a reference to this Court. Tambc J., by order dated 21-91956 decided to continue the enquiry and authorised Civil Judge Class II, Rajnandgaon to enquire into the allegations and submit his report to this Court. In compliance with the said order the learned Civil Judge has submitted a report dated 23-2-1957.

(3.) Although notices were issued to the applicant and the non-applicant more than once giving fixed dates of hearing before this Court, none of them cared to appear before us. Pandey J., by order dated 3-11-1958 directed that the case be heard by a Division Bench, if it was possible. Accordingly this reference has come up before us for decision. As none appeared for either side, we requested Shri M. P. Shrivastava, Deputy Government Advocate, to assist us by appearing amicus curiae and he was good enough to render all possible assistance to enable us to decide the case.