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1970 Supreme(AP) 213

KRISHNA RAO
Dekonda Venkataiah – Appellant
Versus
Bobbili Mallaiah (died) – Respondent


( 1 ) THIS appeal is filed against an order of the lower Appellate Court, refusing to restore the appeal, A. S. No. 49 of 1965, which was dismissed for default of appearance. The Advocate for the appellant failed to appear before the Court in view of the resolution of the Bar Association, Warangal to boycott the Courts in connection with the agitation for " a separate State for Telangana". To say the least, it is most unfortunate that the members of the Bar Association, representing a noble profession should take part in such activities and pass such a resolution. If the learned Counsel or the members of the bar wanted to take part in such agitation, the proper procedure is to have intimated to the party and withdrawn from the case or from the profession, but not to boycott Courts and have the appeals dismissed for default. This sort of conduct on the part of the advocate cannot be pardoned on any principle known to legal ethics. But, however, unpardonable his conduct may be, I do not think that the interest of the client should suffer. As it is a clear dereliction of duty on the part of the advocate to abstain himself from appearing before the Court, I think this is a fit case in


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