GOVERNMENT PLEADER Vs. MAGANLAL NCHOKSI

JUDGEMENT

(1.) This is an application under Section 56 of Regulation II of 1827. whereby it is provided that a pleader accused of a criminal offence, or guilty of misbehaviour or neglect of duty, shall be liable to be suspended or dismissed.

(2.) On the basis of that section this petition has been presented by the learned Government Pleader in the ordinary way, praying that the Court will call upon Mr. Maganlal Choksi, whose conduct has been impugned, to show cause, why he should not be suspended or dismissed, or why such other order should not be passed as may seem meet in the exercise of this Court's disciplinary jurisdiction. Mr. Choksi has been practising and still practises as pleader in the Broach District and the petition charges him with conduct bringing him within the disciplinary powers of this Court in five particulars In other words there are five charges brought against him.

(3.) The first charge is that he altered a pursis. I think that it was wrong of him to have done that. At the same time by altering the pursis he made no appreciable difference in its effect and the alteration was made in the presence of the pleader on the other side. His conduct was at the time the subject of enquiry with the result that the Subordinate Judge held that his action was highly reprehensible, but excused him on his tendering an unqualified apology and expressing regret for what he had done.