This revision is at the instance of the defendants 1 & 3 in O.S.No. 484 of 2012 on file of the learned District Munsif, Tiruppur.

2. Plaintiffs have instituted the suit for declaration and consequential injunction with respect to two items of suit properties situate in Pongalur in Tiruppur District. Defendants filed their written statement resisting the suit.

3. In the said suit, the plaintiffs have filed I.A.No.1906 of 2012 for appointment of an Advocate/Commissioner to inspect the suit property with the help of a Surveyor.

4. When the said application was heard, the learned counsel for the said defendants endorsed no objection. In the circumstances, the trial Court appointed an Advocate/Commissioner to inspect and measure the suit property with the assistance of a Surveyor and file his report.

5. The defendants have filed this revision, chiefly, that they have not instructed their counsel to endorse no objection in the petition for appointment of an Advocate/Commissioner.

6. The learned counsel for the revision petitioners reiterated the said contention.

7. The learned counsel for the respondents contended that it is a cheap defence, tending to question the very integrity of an Advocate. Plaintiffs in their zeal to steal a march over the defendants, have indulged in witch hunting, stabbing on the back of their own counsel.

8. The learned counsel for the respondents also contends that the revision petitioners attacks the professional duty of a lawyer. They did not plead deceit, an unholistic alliance between their Advocate and the other side. The ground taken in this revision is unpalatable and unacceptable.

9. I have anxiously considered the rival submissions, perused the impugned order and the materials on record.

10. Engagement of an Advocate in a civil case comes into play by means of a vakalat. It is also a form of power of attorney. It has the semblance of 'agency principle'. The client is stated to be the principal and his lawyer is stated to be his agent. One of the basic principle of law of agency is that the agent cannot go beyond the scope of the authority given to him. But this principle will not be made applicable to lawyers. It is because of certain privileges and special status accorded to lawyers. (Also see Article 22(1), 39-A, Constitution of India and Section 303, 304 Cr.P.C.) It came into being when a lawyer is came into being. It is also to protect and strengthen an 'independent and fearless bar'.

11. Conducting of a case, taking a defence in a case is a basic professional duty of a lawyer. He cannot mortgage his professional duty or personality to anyone including his client. No client, no accused, no prosecuting agency, no Executive or no Legislature can command or dictate a lawyer as to his manner of discharging his professional duty. A lawyer can never be hauled up for his rendering professional duty.

12. It requires a profound knowledge in law. He must have robust common sense. He is expected to know each and everything in life. He must have the knowledge of medicine, forensic medicine, various branches of Science, Engineering and Technology even principles of psychiatric, literature, current affairs. He must be a 'megalomaniac'.

13. Conducting a case itself is a professional skill of a lawyer. It is a most delicate, dedicated task because the very future, life of a person is involved in it. If he slips in a criminal case, his client will sleep in jail. If he misses a civil case, his client will miss his valuable property, money, honour, family honour and he will also strand in the street. Ultimately, the blame will be on the head of the lawyer.

14. While in the course of discharging his professional duty depending upon the facts and circumstances of the case, a lawyer takes a defence, opposes an application. Sometimes, in order to prevent the other side to prolong the matter, a lawyer makes no objection. It is in the interest of his client. For taking such a decision he cannot be blamed.

15. Although a clie