Judgement

THOMAS, J. :- The main issue posed in this appeal has sequential importance for members of the legal profession. The issue is this : Has the advocate a lien for his fees on the litigation papers entrusted to him by the client? In this case the Bar Council of India, without deciding the above crucial issue, has chosen to impose punishment on a delinquent advocate debarring him from practicing for a period of 18 months and a fine of Rs. 1000/-. The advocate concerned was further directed to return all the case bundles which he got from his client - respondent - without any delay. This appeal is filed by the said advocate under Section 38 of the Advocates Act, 1961.

2. As the question involved in this appeal has topical importance for the legal profession we heard learned counsel at length. To appreciate the contentions we would present the factual backdrop as under :

Appellant, now a septuagenarian, has 2914 been practicing as an advocate mostly in the Courts at Bhopal, after enrolling himself as a legal practitioner with the State Bar Council of Madhya Pradesh. According to him, he was appointed as legal advisor to the Madhya Pradesh State Co-operative Bank Ltd. (Bank, for sh