Judgment

Prafulla C. Pant, J.

1. This appeal (Civil Appeal No. 2581 of 2005), preferred Under Section 38 of the Advocates Act, 1961, is directed against order dated 30.6.2002, passed by the Disciplinary Committee of Bar Council of India (B.C.I.) whereby the Appellant Chancier Prakash Tyagi, Advocate, has been held guilty of violation of Rule 33 of Section II contained in Part VI of Bar Council of India Rules. Consequently, Appellant has been suspended from practicing for a period of one year, and directed to pay cost of Rs. 2,000/-, out of which Rs. 1,000/- to be paid to the Respondent-complainant and rest of the amount is directed to be deposited with the Advocates' Welfare Fund of B.C.I. The Appellant is further directed to pay cost of Rs. 3,000/- vide order passed on review application, dismissed by the Disciplinary Committee, which is also challenged through special leave in the connected Civil Appeal No. 2633 of 2005.

2. We have heard learned Counsel for the parties at length.

3. Succinctly, factual matrix of the case is that the Respondent-complainant Benarsi Das instituted case No. 137 of 1994 before District Judge, Saharanpur, for his appointment as guardian of his grandson Kom