B SHESHAR NATH Vs. EMPEROR

JUDGEMENT

(1.) These are two applications by Bisheshar Nath, High Court Vakil, practising at Ghaziabad, against an order of the Munsif of Ghaziabad, which was really a judgment in a civil suit, (a) directing him to show cause why he should not be committed to the Criminal Court under Section 476 of the Criminal Procedure Code and also (6) directing him to show cause why proceedings should not be taken against him under Section 14 of the Legal Practitioners Act.

(2.) The circumstances of the case are unusual, and it is to be hoped exceptional. I have had the advantage of reading an English translation of the entire pleadings, order-sheet, and evidence. A suit was brought in the Court of the Munsif by one Chajju Mal against Jasran upon a promissory note alleged to have been given by the defendant on the 31st of December 1913 for Rs. 150 with interest at Re. 1-4-0 per cent. per mensem. The claim was for Rs. 216-140 only. The plaint was filed about the 22nd December 1916, and the claim would, therefore, have been barred in a few days.

(3.) Paragraph 2 of the written statement alleged that the plaintiff was in jail, that the suit had not been presented on his behalf and that the permission of the jail authorities had not been given to the plaintiff s signature.