Bharat Lal Pandey Vs. Ramji Prasad Yadav [2009] INSC 1360 (3 August 2009)

Judgment

CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO.5044 OF 2008 Bharat Lal Pandey ...Appellant(s) Versus Ramji Prasad Yadav ...Respondent(s)

O R D E R

Heard learned counsel for the parties.

The Uttar Pradesh Bar Council allowed the complaint filed by the respondent and suspended the licence of the appellant, who was practising as an advocate in civil court at Deoria for a period of ten years. The said order has been confirmed in appeal filed by All-India Bar Council. Hence, this appeal.

From a bare perusal of the impugned order, it would appear that the only allegation against the appellant was that he had filed large number of cases on behalf of the wife of the respondent against the respondent. In our view, this allegation does not amount to any professional misconduct and the State Bar Council was not justified in suspending the licence of the appellant and the appellate authority has committed an error in confirming the same.

Accordingly, the appeal is allowed, impugned orders are set aside and the complaint filed by the respondent is dismissed.

......................J. [B.N. AGRAWAL]

......................J. [G.S. SINGHVI]

New Delhi,

August 03, 2009.

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