ORIENTAL INSURANCE CO Vs. SHEELA DEVI

JUDGEMENT

(1.) The main point raised in these cases is whether a fresh counsel can appear in a matter without obtaining consent from the counsel previously engaged and appearing in the matter and without determining the Vakalatnama of the previous counsel ? An ancillary question, which has arisen, is whether the decision of the main appeal determines the Vakalatnama and thereafter a fresh counsel can appear without obtaining such consent ?

(2.) I have heard Sh. Ajay Sharma who was previously engaged as a counsel in the matter and Ms. Salochana Kaundal, who has filed these applications for release in a decided matter. Since the matter involved an important question I had requested the Chairman of the Bar Counsel and the President of the H. P. High Court Bar Association to assist me in the matter. Consequently, I have also heard Sh. Ramakant Sharma, Advocate Chairman Bar Council of Himachal Pradesh and Mr. R. K. Gautam, Senior Advocate who is also a member of the Bar Council, on this issue.

(3.) The Bar Council of India Rules, 1975 have been framed by the Bar Council of India under the provisions of Advocates Act, 1965. Section 49(C) of the said Act provides that the Bar Council of India may frame rules relating to the standards of professional conduct and etiquette to be observed by Advocates. The Bar Council of India Rules have been framed by the Bar Council of India in exercise of the powers given to it. Rule 39 of Chapter II of Part VI reads as follows :