PANIGRAHI, C. J.

( 1 ) THIS is a reference made by the District Judge of Cuttack, under Section 14, legal Practitioners Act, against the opposite party, Nrusingh Naik, a pleader practising at Jajpur. The proceedings Were started on the complaint of one gajindra Das who had engaged the pleader for executing a small cause court decree obtained by him against Chintamoni Dora. The complainant, Gajindra Das, alleged that one Sukhadeb samal, the registered clerk of a pleader named Mukund charan Panda, realised Rs. 35/-from the judgment debtor and misappropriated the same. He further complained that he engaged the opposite party Nrusingh naik to execute his decree and that in the course of the execution the pleader had realised Rs. 9/-, but suppressed the payment made by the judgment-debtor from him (the decree-holder) and appropriated the same. The complainant then made enquiries and came to know that the pleader had actually received Rs. 9/- in the course of execution. He made a complaint to the bar Association, and thereafter reported the matter to the Munsif, but no action having been taken by the Munsif a petition was sent to this court on 18-1-1954, whereupon an enquiry was started