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2023 Supreme(Guj) 788

J. C. DOSHI
Jitubhai Rupabhai Raval – Appellant
Versus
Baria Kanabhai Vaghabhai – Respondent


Advocates:
Advocate Appeared:
For the Appellant :MR PC KAVINA, SR. ADVOCATE with MR VIJAY N RAVAL
For the Respondent: MS FORAM TRIVEDI, MR PA JADEJA

JUDGMENT :

1. Rule. Learned advocate Mr. PA Jadeja waives service of rule for respondent Nos.1 and 2 and learned AGP Ms. Foram Trivedi waives service of rule for respondent Nos.3 to 5.

2. In the petition filed under Article 227 of the Constitution of India, the petitioner has prayed for the following reliefs:-

    “(A) This Hon’ble Court may kindly be pleased to quash and set aside order dated 13.5.2021 passed by the learned Principal Senior Civil Judge, Lunawada below objection application in LAR No.421 of 2005 with a relief to allow the objection application dated 13.5.2021 and reject the Vakalatnama of new advocate.

(B) Pending admission and final hearing of this petition, this Hon’ble Court may kindly be pleased to stay the further proceedings of LAR No.421 of 2005 pending before the learned Principal Senior Civil Judge, Lunawada till the final disposal of the present petition.”

3. The necessary facts for deciding this petition can briefly be stated thus:-

3.1 The petitioner is practising advocate. The respondent Nos.1 and 2 are the original claimants (in short “the original claimants”) living in Dist: Mahisagar. Their lands were proposed to be acquired by the State Government for Sujla

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              Judicial Analysis

              None.

              The provided case law does not indicate that it has been overruled, reversed, criticized, questioned, or otherwise treated as bad law. The case simply states a legal principle regarding advocates' lien on litigation files, without any mention of subsequent treatment or judicial disapproval.

              [Followed / Affirmed]

              None: There are no indications that the case has been explicitly followed or affirmed in subsequent rulings.

              [Distinguished / Cited]

              None: The list does not mention that this case has been distinguished or explicitly cited as a precedent in later decisions.

              [Legal Principle]

              The case establishes that an advocate does not have a lien on litigation files due to the absence of such a provision in the Advocates Act 1961 and Bar Council of India Rules. This is a statement of legal fact or principle, but without subsequent treatment details, it remains an unchallenged precedent.

              None: The treatment of this case is clear from the provided information; it has not been indicated as overruled, criticized, or questioned, nor is there ambiguity about its judicial treatment.

              **Source :** R. D. Saxena VS Balaram Prasad Sharma - Supreme Court

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