JUDGMENT

Costello, J. - On 29th December 1933, a complaint was made to the Court u/s 10, Bar Councils Act, by Mr. J.C. Galstaun concerning the conduct of an advocate whom he had instructed to file an appeal against a decision of the Additional District Judge, Alipore, which had been given on 10th September 1932, in an appeal in a suit brought by Raja Janaki Nath Roy against Mr. Galstaun, in the Court of the first Subordinate Judge, 24-Parganas at Alipore, the suit having terminated on 13th December 1930, in favour of the plaintiff. The matter of the complaint was referred to by this Court for inquiry to the Bar Council under the provisions of Section 10, Sub-section (2), Bar Councils Act, 1926, and the case was duly inquired into by a committee of the Bar Council, that is to say, by a tribunal constituted under the provisions of Section 11, sub-S.-(2), Bar Councils Act. The findings of the tribunal were forwarded to the Court through the Bar Council in accordance with the provisions of Section 12, Sub-section (2). The matter has now come before us under the provisions of Sub-section (3), Section 12.

2. It is to be observed at the outset that by Sub-section (1), Section 10, the High C