GULSHAN KUMAR Vs. PARAMJIT KAUR

JUDGEMENT

(1.) THE instant petition under Article 227 of the Constitution of India has been filed against the order dated 29.5.2013 (Annexure P -7) passed by learned Additional District Judge, Nawanshahar whereby the objections of respondent have been allowed and examination as witness of Sh. Harshwardhan Gautam. Advocate, who happened to be the counsel of petitioner Gulshan Kumar in the trial Court has been declined. The application of the petitioner for permission to examine Sh. Harshwardhan, Advocate has been dismissed by the learned Lower Appellate Court by taking into consideration the provisions of Section 126 of Indian Evidence Act treating it as a bar on professional communication and that a counsel cannot be compelled to disclose anything which has happened between a client and a counsel.

(2.) I have heard learned counsel for the parties and perused the case file.

(3.) SECTION 126 of the Indian Evidence Act, 1872 reads as under: -