1. A very interesting question: can a counsel representing a party in a suit or any legal proceedings akin thereto, be directed by the Presiding Officer to relinquish vakalath, so that he can be summoned as a witness by the opposite.

2. The court below by the order under challenge has directed the counsel representing the defendant in the suit to relinquish vakalath, entering the finding that he has been cited as a witness by the plaintiff.

3. Interpretation of R.13 of Chapter II of Part VI of the Bar Council of India Rules gives the answer to the question. This rule reads:

"An advocate should not accept a brief or appear in a case in which he has reason to believe that he will be a witness and if being engaged in a case, it becomes apparent that he is a witness on a material question of fact, he should not continue to appear as an advocate if he can retire without jeopardising his client's interest".

The first part of the Rule provides that if an advocate has reason to believe that he will be a witness in a case, he shall not accept a briefer appear in that case. The decision not to accept the brief or appear in the case thus is based on his own belief that he is likely t