BHARATH SAHU Vs. CHANDRIKA PRASAD VERMA

JUDGEMENT

(1.) This is a reference under Section 14 of the Legal Practitioners Act, 1879 by the learned District Judge of Darbhanga, forwarding the finding of the learned Additional Subordinate Judge of that place in respect of charges of professional impropriety levelled against Mr. Chandrika Prasad Verma, Pleader, Laheiasari. The petitioner in the proceeding who filed a complaint against the pleader is one Bharath Sahu, one of the defendants first party in Partition Suit No. 207 of 1952 of the Court of the Subordinate Judge of Darbhanga. Mr. Chandrika Prasad Verma was engaged as a pleader by Bharath Sahu to appear for him along with another pleader. The suit was instituted on the 5th of November, 1952, and vakalatnama in favour of the pleader was executed on the 3rd December, 1952 and continued till the 6th of March, 1956, when it was cancelled by the learned Subordinate Judge. It is unnecessary to set out the several dates during the pendency of the suit in this period from the date of the engagement of the pleader by Bharath Sahu up to the date of the cancellation of the vakalatnama in his favour, excepting that on the 18th May, 1954 order on the dispute, between the parties referring it to arbitration, was rescinded. The award was however, given by the arbitrators, and three schedules of properties mentioned as 'ka', 'kha' and 'ga' were prepared. The schedules, however, were not filed in the Court. The suit was, thereafter, transferred to the Court of the Second Additional Subordinate Judge on the 9th August, 1954. On the 29th November, 1954, an application was filed by the plaintiffs to the Court to direct the Receiver to recommend and, certify for an agricultural loan which the plaintiffs sought to obtain from the Government for which an application was filed in the Darbhanga Collectorate. This was on the basis of the shares allotted to the parties under the award of the arbitrators mentioned in Schedules 'ka', 'kha' and 'ga'. On the 23rd April, 1955, a petition was filed by Bharath Sahu and others, defendants first party the complainant in the present proceeding, when another arbitrator was appointed being Shri Bhushan Prasad, Chairman, District Board, Saharsa. He filed his award in due course.

(2.) An objection was taken to the above award by the plaintiffs by their application dated the 17th November, 1955. It is said that soon after there followed certain transactions of sale relating to portions of the suit properties. Mr. Chandrika Prasad Verma purchased 2 bighas 15 kathas and odd from the plaintiffs under six sale deeds dated the 15th December, 1955, 29th December, 1955, 6th January, 1956, 10th January, 1956, 18th January 1956 and 3rd March, 1956. It may also be stated here incidentally that the defendants first and second parties also entered into transactions transferring some of their properties on the basis of the award of the punches on foot of the reference prior to the 18th May, 1954, resulting in the preparation of schedules 'ka', 'kha' and 'ga'. On the 1st of March, 1958, a petition was filed by Mr. Chandrika Prasad Verma for cancellation of the power executed in his favour by Bharath Sah in the Court of the learned Additional Subordinate Judge and also for permission to appear for the plaintiffs. On the 6th March 1956, as I have said above, the learned Additional Subordinate Judge cancelled the vakalatnama in favour of Mr. Verma executed by Bharath Sah and others of the defendants first party and granted him permission to appear for the plaintiffs.

(3.) On the 9th April, 1956, it appears that a joint petition was filed by the defendants and the plaintiffs in the Court seeking permission to enter into possession of their respective shares in accordance with the compromise already filed in the suit. On the 5th of May, 1956, another petition of compromise was filed, signed by all the parties, and this was recorded on the 9th of May, 1956 On that very day, Mr. Chandrika Prasad Verma filed a petition in the Court to be made a party, and Bharath Sah, defendant No. 1, filed a fresh power in the name of another pleader, Mr. Damodar Prasad. On the 29th May, 1956, Bharath Sah, defendant No. 1, made an application in the Court of the learned Additional Subordinate Judge under Sections 13 and 14 of the Legal Practitioners' Act for action against Mr. Chandrika Prasad Verma charging him with professional misconduct. The pleader showed cause on the 5th January, 1957 denying the allegations levelled against him. On the 9th of June, 1959, the learned Additional Subordinate Judge after recording the evidence and hearing the parties found two of the charges levelled against Mr. Chandrika Prasad Verma by Bharath Sahu as groundless, but one of the charges as haying been substantiated and recommended to the District Judge, Darbhanga, for making a reference to this Court. The learned District Judge agreed with the Additional Subordinate Judge and referred the matter to this Court by his letter dated the 9th July, 1959.