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1989 Supreme(Kar) 158

D.P.HIREMATH, N.VENKATACHALA
CHANNABASAPPA – Appellant
Versus
S. H. BHIMAKKANAVAR – Respondent


Advocates:
B.S.KESHAVA IYENGAR, K.I.BHATTA

VENKATACHALA, J.

( 1 ) QUESTIONS of somewhat importance arise for our consideration and decision in this petition filed under the Contempt of Courts Act, 1971 ("the Act" ).

( 2 ) MATERIAL facts giving rise to such questions are briefly these - The complainant in this petition is plaintiff in a suit pending before the court of Munsiff at Haveri - a subordinate Court. The person arrayed as an accused in this petition is an Advocate who has filed vakalath for the defendants in that suit. The complainant filed an interlocutory application (I. A.) in that suit seeking from the subordinate Court an order of termination of the accused's vakalath which had been filed on behalf of the defendants therein. Two reasons given in support of such termination were - (i) Complainant's earlier consultation with the accused on matters involved in the suit; and (ii) Attestation by the accused of the signatures of deponents to affidavits filed in support of an other interlocutory application which had been filed in the suit at an earlier stage. The said I. A. , which sought for termination of the accused's vakalath, was contested by the accused by means of a statement of objections filed thereto. Compl





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