STATE Vs. LALIT MOHAN NANDA

JUDGEMENT

(1.) THIS case arises out of proceedings under Sections 10 and 12 of the Indian Bar Councils Act (Act XXXVJII of 1926), wherein an enquiry was made regarding the professional misconduct of Mr. Lalit Mohan Nanda, Advocate, Bolangir, for appearing against his former client in a directly connected litigation, arising out of a family dispute between step -brothers of a Hindu family in the circumstances hereinafter stated.

(2.) ONE Dirba Mahakur (deceased) had two sons, Nilagiri and Jageswar, by his first wife and Pareswar by his second wife. In a family dispute between Pareswar on the one side and his stepbrothers Nilagiri and Jogeswar on the other, over possession of certain land, Mr. Lalit Mohan Nanda, Advocate, had been engaged by the said Pareswar in connection with, the said dispute in which proceedings under Section 145 of the Code of Criminal Procedure against his brother Nilagiri were initially contemplated; but subsequently proceedings under Section 107 of the Criminal Procedure Code were instituted against the said Nilagiri; that having been unsuccessful in the criminal case, Pareswar brought a suit for declaration of title, engaging another Advocate to represent him, in respect of the land, which was the subject matter of the said criminal proceedings and in the said suit Pareswar succeeded.

(3.) THIS leads us to the consideration of the case on merits, in the light of the rules relating to professional conduct applicable to an Advocate of this Court. The background in which Mr. Nanda was engaged by his former client Parcswar and subsequently by his opponent Nilagiri is this: It appears that there was a partition between two branches of the family during the life -time of the father Driba Mahakur under which there was certain arrangement by which certain lands were allotted to respective branches of the family, namely that Schedule B was allotted to Pareswar and his son Tikamani jointly; Schedule C to Nilagiri and Schedule D to Jogeswar. Apparently the trouble among the step -brothers did not end there.