JUDGEMENT

Thomas, J.-Leave granted.

2. Another ticklish issue concerning legal profession has winched to the fore which, perforce, has to be decided by us in this case. Should a litigant suffer penalty for his advocate boycotting the court pursuant to a strike call made by the association of which the advocate was a member? The question arose in this case after the suit was decreed ex parte by the trial Court in consequence of the non-appearance of the counsel on a day fixed for hearing, on the premise of the strike call.

3. Appellant-company was in occupation of a building as tenant at Barakhamba Road, New Delhi. A suit was filed against the appellant for eviction from the building and other consequential reliefs which was resisted by the appellant by raising various contentions. Issues in the suit were framed by the court and the case was posted to 26.8.1998 for trial. None of the advocates belonging to the firm of lawyers which was engaged by the appellant did not appear in the court on the day because the advocates were on a strike called by the advocates association concerned. As nobody for the appellant was present the court set the defendant ex-parte and evidence of the plaint