The examination and cross-examination of witnesses by senior advocates during trial is not considered acting and is therefore permitted under the restrictions imposed on senior advocates.

( 1 ) THE question that requires determination in this petition is whether a senior advocate, designated under the Advocates Act, 1961 and Supreme Court- Rules, is debarred from examining or cross-examining the witnesses as this would amount to acting in a court on his part which admittedly a senior advocate is prohibited from doing.

( 2 ) A suit has been filed by the plaintiff-respondent for the recovery of Rs. 14,722. 61 and a mandatory Injunction for possession under Section 66 of the Specific Relief Act. During the trial of the suit: Mr. Hans Raj Sawhney, a Senior Advocate of the Supreme Court and the High Court appearing for the defendant, wanted to examine certain witnesses. This was objected to by Bawa Shiveharan Singh, Advocate, for the plaintiff on the ground that Mr. Sawhney being a senior advocate could not act. Accordingly, it was contented that as examination and cross-examination of witnesses come under the definition of the term act , Mr. Sawhney could not proceed with the examination or cross- examination of the witness. This contention found favour with Shri P. L. Singla, Subordinate Judge, who by his order dated November 28, 1967, held that examination and cross-examination of a witness is "acting and as a senior advocate is debarred from acting he is consequently debarred from examining and cross-examining the witnesses.

( 3 ) A revision was filed against that order which. came before me sitting singly. I felt that the point raised in the revision is important for the members of the bar and it was in the fitness of things that this matter be decided by a larger bench. I, therefore, referred this matter to my lord the Chief Justice for constituting a larger bench That ic how the matter has come upbefore us for decision.

( 4 ) SUB-SECTION (1) of section 16 of the Advocates Act, 1961 provides for two classes of advocate?. Sub-section (2) of Section 16 provides that an advocate may, with his consent, be designated as senior advocate If the Supreme Court or a High Court is of opinion that by virtue of his ablity, experience and standing at the Bar he is deserving of such distinction. Sub-section (3) of section 16 provides that senior advocates shall, in the matter of their practice, be subject to such restrictions as the Ear Council of India may, In the interests of the legal profession, prescribe. Section 49 gives power to the Bar Council of India to make rule for discharging its functions under the Act. Part VI of the Bar Council of India Rules deals with the Rules governing advocates. Chapter I of this part deals with restrictions on senior advocates as contemplated under Section 16 (3) of the Act. Restrictions under the Rules relevant for the purpose are as under: - "rules governing advocates : Senior Advocates shall, in the matter of their practice of the profession of law mentioned in Section 30 of the Act, be subject to the following restrictions:- 585 (a) A senior advocate shall not file a vakalat or act in any Court, or Tribunal, or before any person or other authority mentioned in Section 30 of the Act. Explanation- to Act means to file an appearance or any pleading or application in any Court, or Tribunal, or before any person or other authority mentioned in the said Section either in person or by his recognised agent or by an advocate or an attorney on his behalf".

" (E) He shall not accept instructions to draft pleadings or affidavits, advice on evidence or to do any drafting work or an analogous kind in any Court, or Tribunal, or before any person or other authority mentioned in Section 30 of the Act or undertaking conveyancing work of any kind whatsoever. This restriction however shall not extend to settling any such matter as aforesaid in consultation with an advocate in Part II of the Common Roll. "

( 5 ) SIMILARLY in exercise of its powers conferred by Article 145 of the Constitution of India the Supreme Court has framed the Rules known a? the Supreme Court Rules, 1966 Order