The Court emphasized the duty of pleaders to avoid conflicts of interest and the Court's discretion to authorize a pleader to appear for a party with opposing interests.

1. This is an application to revise the order of the District Munsif of Srirangam who directed two pleaders not to appear for the defendants in two suits pending in his Court as the plaintiff objected to their appearance inasmuch as they had appeared for him in previous suits against the defend-ant in which the subject-matter was the same as in the suits now pending. The first contention of Mr. K.V. Krishnaswami Aiyar is that the District Munsif had no jurisdiction to pass such an order. It is argued that the pleaders are not parties to the suits and that they have no right of appeal against such an order and therefore the order is without jurisdiction and is not covered by Rule 277 of the Civil Rules of Practice.

2. The District Munsif purported to act under Rule 277 which is in these terms:

Except when specially authorised by the Court, or by consent of the party, a pleader who has advised in connection with the institution of a suit, appeal or other proceeding, or has drawn pleadings in connection with any such matter, or has, during the progress of any such suit, appeal or other proceeding acted for a party, shall not, unless he first gives the party for whom he has advised, drawn pleadings or acted, an opportunity of engaging his services, appear in such suit, appeal or other proceeding, or in any appeal, or application for revision arising therefrom or in any matter connected therewith, for any person, whose interest is opposed to that of his former client, provided that the consent of the party shall be presumed if he engages another pleader to appear for him in such suit, appeal or other proceeding without offering an engagement to the pleader whose services he originally engaged.

3. It is conceded by Mr. K.V. Krishnaswami Aiyar that the Court has jurisdiction either to grant or to refuse such authority when a pleader applies for the same under the rule. But it is urged that when he does not make an application for special authority the Court has no jurisdiction to pass an order against him and that the only course open against a pleader who violates the rule is by a proceeding under the Legal Practitioners Act for unprofessional conduct.

4. Considerable stress was laid on Order 3, Rule 4 of the Civil Procedure Code in support of the argument that a pleaders engagement lasts till the termination of the proceedings and therefore the Court cannot prevent the pleader from appearing for a party after he has filed his vakalat in Court. Order 3, Rule 4 does not give an absolute right to a pleader to appear in a Court till the termination of the proceedings but only provides in what manner should a pleader be appointed and till what time the appointment will be in force. It assumes that a pleader is competent to appear, plead and act in the Court in which he wishes to plead and act. If he is not competent to appear, plead and act in any Court under the rules governing the procedure in that Court, he cannot claim right of audience by virtue of Order 3, Rule 4. Is it open to a Second Grade Pleader to claim a right of audience in the District Court by filing a vakalat or for a First Grade Pleader to claim a right of audience in the High Court by filing a vakalat in Court for a party? The District Court and the High Court will refuse to receive the vakalat of a pleader not entitled to appear before them and will refuse to allow him to act in that Court by reason of the rules governing their procedure. In In re The Pleaders of the High Court (1883) ILR 8 B 105 (FB) it was held that Sections 2 and 36 of the Code of Civil Procedure (Act XIV of 1882) did not give the pleaders of the Bombay High Court the right to appear in the Presidency Small Cause Court of Bombay where-in only barristers and attorneys had a right to practise. Rule 277 is intended to regulate the proceedings in Courts and a practitioner of the Court has to conform to the rules governing its procedure. If he does not conform to the rules governing the procedure h