J.B.MEHTA
GOHEL HIMATSINGH LAKHAJI – Appellant
Versus
PATEL MOTILAL GARBARDAS – Respondent
( 1 ) THIS revision petition raises an interesting question as to whether an accused can appear as a lawyer for the co-accused.
( 2 ) THE short facts of this petition are as under; The petitioner Gohel Himatsingh Lakhaji is the complainant who has filed a complaint for defamation against six accused. The first four accused were the original accused in another criminal case No. 1798/1962 and at that time the complainant was examined as a witness. In that criminal case accused Nos. 3 and 6 had appeared for those four accused and had cross-examined the complainant. The complainant alleges that those questions which were put to him were defamatory and therefore he has filed the present complaint against the four accused and the two lawyers accused Nos. 5 and 6. Accused No. 5 Patel Rambhai Fakirbhai was the lawyer who had put these questions which are alleged to be defamatory and accused No. 6 Patel Kanubhai Jesangbhai was the other lawyer instructing accused No. 5. During the present complaint these two lawyers accused Nos. 5 and 6 in the present complaint filed their Vakalatnama for accused Nos. 1 2 and 4. The complainant therefore raised an objection that the two accus
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