Duty of counsel to intimate clients on being designated as Senior Advocate to make alternative arrangements, failure to do so may result in abatement of appeals.

Headnote:
Senior Advocate - Duty to Intimate Clients - Abatement of Appeals
Fact of the Case:

Mr. K. N. Bhat was designated as Senior Advocate and notices were issued to all the appellants to make alternative arrangements. None appeared through counsel or in person. The appeals stood abated against all appellants as the legal representatives of the second appellant were not brought on record.
Finding of the Court:

The appeals were dismissed due to the abatement against all appellants for not bringing the legal representatives of the second appellant on record.
Issues: Failure to bring legal representatives on record, duty of counsel to intimate clients on being designated as Senior Advocate.
Ratio Decidendi: The duty of the counsel, on being designated as Senior Advocate, to inform clients and request them to make alternative arrangements, failure to do so may result in abatement of appeals.
Final Decision: The appeals were dismissed with no costs.

( 1 ) AFTER Mr K. N. Bhat was designated as Senior Advocate, the Registry had issued notices to all the appellants to make alternative arrangements as early as in 1987-88 and the same were served on all the appellants except Appellant 2 who was reported to be dead. None has entered appearance through counsel nor did they appear in person today. As a matter of fact, it is the professional duty of the counsel, on being designated as Senior Advocate, to intimate that fact to all his clients and request them to make alternative arrangements to engage another advocate-on-record. It is no part of the duty of this court to inform the parties. However, it has already been done. In view of the fact that the decree challenging the validity of the notification under Section 4 (1) of the Land Acquisition Act being common to all the appellants and being indivisible, the appeals stand abated against all since the legal representatives of the second appellant have not been brought on record till date.

( 2 ) THE appeals are accordingly dismissed. No costs.

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Judicial Analysis

1995 Supreme(SC) 1075

SUPREME COURT OF INDIAPAPANNA Vs. STATE OF KARNATAKADecided on November 1, 1995

Duty of counsel to intimate clients on being designated as Senior Advocate to make alternative arrangements, failure to do so may result in abatement of appeals.

Judicial Analysis

SUPREME COURT OF INDIA
PAPANNA
Vs.
STATE OF KARNATAKA
Decided on November 1, 1995