Judgement

MAHAJAN J.: In its issue of 30th October 1952 the "Times of India", a daily newspaper published in Bombay and New Delhi, a leading article was published under the heading "A disturbing decision". The burden of it was that in a singularly oblique and infelicitous manner the Supreme Court had by a majority decision tolled the knell of the much maligned dual system prevailing in the Calcutta and Bombay High Courts by holding that the right to practise in any High Court conferred on advocates of the Supreme Court, made the rules in force in those High Courts requiring advocates appearing on the Original Side to be instructed by attorneys inapplicable to them. The article concluded with the following passage:

"The fact of the matter appears to be that in the higher legal latitudes at New Delhi and elsewhere, the dual system is regarded as obsolete and anomalous. There is a tell tale note at the top of the rules framed by the Supreme Court for enrolment of advocates and agents to the effect that the rules were subject to revision and the judges had under consideration a proposal for abolishing the dual system. Abolish it by all means if the system has outgrown its usefulness and