Order no. 12 dated 6.9.1988

Before this application was taken up for hearing, an objection was raised by Mr. Ram Suresh Roy, Advocate appearing on behalf of the petitioners that if the opposite party Mr. Binod Kumar Roy, Advocate wanted to argue his case in person, the vakalatnamas executed by him in favour of two learned Advocates should be cancelled, Mr. Roy, on this objection, in all fairness, submitted that for the purpose of this application, the vakalatnamas executed by him should be treated as cancelled. Thereafter, the hearing of the original application was taken up.

2. On 12.8.88, all affidavited petition was filed by Mr. Binod Kumar Roy to debar Mr. Ram Suresh Roy, Advocate to appear for the petitioners on the ground that Rule 9 of the Bar Council of India Rules prohibits his appearance in the case as he is himself pecuniary interested. In this petition various other facts have been mentioned to justify that Mr. Ram Suresh Roy has pecuniary interest in the properties, being one of the members of the branch of the common ancestor who are litigating in the original suit. The genealogical table of the family, references of various lands etc. have also been refereed to