UNION OF INDIA Vs. RADHEY SHYAM

JUDGEMENT

(1.) This is an application in revision by the Union of India under Section 115, C.P.C. against the order dated Oct. 27, 1978, passed by the learned Civil Judge, Bikaner in Civil Original Suit No. 22 of 1975.

(2.) Shri Radhey Shyam Gaur, Advocate, Bikaner (for short 'Shri Gaur), who is non-petitioner No. 1 in this revision was conducting a suit on behalf of the Union of India. On May 10, 1978, Shri Lalit Prashad, Advocate submitted an application on behalf of the Deputy General Manager, Northern Railway, dated April 25, 1978 that leave may be granted for determining the power of Shri Gaur, and that he may be permitted to conduct the proceedings in the suit on behalf of the Union of India. In reply to that application, Shri Gaur stated that he has no objection if his appointment is terminated, but he should be paid his full fee and expenses. On September 30, 1978, Shri Gaur submitted an application that the application filed for terminating his appointment should be decided early. The learned Civil Judge, by his order dated Oct. 27, 1978 directed that the Railway Administration should pay full fee and expenses (if any) to Shri Gaur, that in future, Shri Lalit Prashad, Advocate, will act on its behalf in the suit and that the appointment of Shri Gaur is terminated.

(3.) Being aggrieved by the order, directing payment of full fee to Shri Gaur, Union of India has come up in revision to this Court with a prayer to delete the direction relating to the payment of the full fee to Shri Gaur.