H.G.RAMESH, JOHN MICHAEL CUNHA
KARNATAKA POWER TRANSMISSION CORPORATION LTD – Appellant
Versus
M. RAJASHEKAR S/O M. C. MADAPPA – Respondent
H.G.RAMESH, J.
1. Whether vakalatnama filed by a new advocate is to be accepted in the absence of ‘no objection’ of the advocate already on record, is the short question for consideration in this case.
2. Registry has raised an objection on the vakalatnama of the appellant filed by Sri Ajith Anand Shetty, advocate; objection is that the vakalatnama does not contain ‘no objection’ of the advocate already on record for the appellant.
3. We have heard Sri Ajith Anand Shetty, learned counsel, on the objection raised by the Registry. The learned counsel submitted that a party to a litigation has an absolute right to appoint an advocate of his choice, to terminate his services, and to appoint a new advocate. Hence, a party cannot be compelled to obtain ‘no objection’ from the advocate already on record. Insisting for ‘no objection’ from the previous advocate will amount to putting a restriction on the right of a party to appoint an advocate of his choice. He sought for overruling of the objection raised by the Registry. In support of his submission, he relied on two decisions of the Supreme Court in R.D.Saxena v. Balaram Prasad Sharma [AIR 2000 SC 2912], and in New India Assurance Co
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