JUDGMENT

BARMAN, J. :- This case arises out of proceedings under Ss. 10 and 12 of the Indian Bar Councils Act (Act XXXVIII of 1926), wherein an enquiry was made regarding the professional misconduct of Mr. Lalit Mohan Nanda, Advocate, Bolangir, for appearing against his former client in a directly connected litigation, arising out of a family dispute between step-brothers of a Hindu family in the circumstances hereinafter stated.

2. One Dirba Mahakur (deceased) had two sons, Nilagiri and Jageswar, by his first wife and Pareswar by his second wife. In a family dispute between Pareswar on the one side and his step-brothers Nilagiri and Jogeswar on the other, over possession of certain land, Mr. Lalit Mohan Nanda, Advocate, had been engaged by the said Pareswar in connection with the said dispute in which proceedings under S. 145 of the Code of Criminal Procedure against his brother Nilagiri were initially contemplated; but subsequently proceedings under S. 107 of the Criminal Procedure Code were instituted against the said Nilagiri; that having been unsuccessful in the criminal case, Pareswar brought a suit for declaration of title, engaging another Advocate to represent him, in respec