BINOD PRASAD SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) The challenge in the present writ application is to Clause 15 of the Resolution No. 29 of 2005 approved by the Bar Council of India it its meeting held on 26/27.06.2005. By the said resolution, "Rule 34" was added in the Model Rules. The offending clause reads as under:

(2.) The challenge is limited to the ground that the directions issued by the Council shall not be challenged in any court of law is illegal, as the jurisdiction of the Civil Court cannot be barred by such process. It is contended that in terms of Section 9 of the Code of Civil Procedure, the jurisdiction of the Civil Court is plenary in nature which can be either expressly or impliedly barred.

(3.) Since there is no express bar of the jurisdiction of the Civil Court, the implied bar can be extended only if any alternative machinery for resolution of disputes is created under the statute. The jurisdiction of the Civil Court has been barred in respect of decisions taken by the State Bar Council. Any rule which gives immunity to the actions of the State Bar Council cannot be sustained as the plenary jurisdiction of the Civil Court cannot be curtailed by virtue of the resolution in absence of the provision in the statute.