( 1 ) THE matter was called out once. A pass over was taken. The matter was called for second time. Again a pass over was prayed for. The matter was taken up for the third time: Counsel for the plaintiff prays for another pass over. I am not inclined to give any further accommodation to the counsel. I proceed to hear the matter.

( 2 )

( 3 ) THE applicant by way of this application seeks rejection of the plaint on the short ground that an advocate is not entitled to act in a professional capacity as well as a constitutional attorney of the party in the same matter or same cause. It is contended that Ms. Dahlia Sen Oberoi, Advocate working for the firm Lall and Sethi was constituted attorney of the plaintiff and in that capacity signed the plaint and represented the plaintiff.

( 4 ) THE plaintiff is represented by a firm of lawyers known as Lall and Sethi. If the vakalatnaina is executed by a client in favour of firm of advocates, it follows that all the partners and advocates working for the said firm are engaged as Advocates by the client concerned. Ms. Dahlia Sen Oberoi, Advocate is working for the firm Lall and sethi. She was appointed attorney by the party.

( 5 ) LEARNED counsel for the applicant places reliance upon a judgement of the bombay High Court reported as Oil and Natural Gas Commission v. Offshore enterprises Inc. , AIR 1993 Bombay 217, where the Court dealt with the obligations of ! the advocates as well as the rules framed by the High Court and the Bar Council. It was held that an advocate is not entitled to act in a professional capacity as well as I constituted attorney of a party in the same matter or cause. It was further held that an advocate cannot combine the two roles. If a firm. of Advocates is appointed as Advocates by a suitor, none of partners of the advocates firm can act as recognised agent in pursuance of a power of attorney concerning the same cause. The practice followed by the firm of advocates combining the two roles is opposed to law and is required to be discontinued forthwith.

( 6 ) IN view of this matter, this application is allowed and the plaint of the plaintiff is rejected. The suit stands disposed of in the aforesaid terms,