ORDER :

In the suit for ejectment, the petitioner being the defendant is invoking the writ jurisdiction of this Court finding fault with the counsel on record in the Court below in identifying himself with the plaintiff-Land Lord and deposing as a witness on his behalf. After service of notice, the respondents having entered appearance through their counsel, oppose the writ petitions.

2. In view of the varying stand taken up by the counsel for the parties, the following common question of law and professional ethics arises in these matters for consideration:

“Whether the counsel on record after retiring from the case with the leave of the Court can become an agent of the party for prosecuting the suit proceedings?”

since the fact matrix from which the above question arises is inbuilt in the question itself, the factuals need no mention. Except that, the advocate appearing for the respondent – landlady having retired from the case was appointed as an attorney/agent by her to act on her behalf and to conduct the proceedings in these suits.

3. learned counsel for the petitioner in support of his submission that the answer to the above question has to be in the negative banked upon the foll