K. C. AGRAWAL, J.:- This appeal under Order 43, Rule 1 (w) of the Civil P.C. has been preferred by the Bar Council of India against the judgment of First Additional Civil Judge, Kanpur, dated 14th August, 1975, reviewing an order deciding issue No. 13 against the respondent No. 1.

2. The facts of this case briefly stated are these. Sri Manikant Tewari, respondent No. 1, was enrolled as an Advocate in the Bombay High Court in December, 1946 and after having practised for a short time within the jurisdiction of that Court, he shifted to Kanpur, where, admittedly, he has been ever since practising within the jurisdiction of Bar Council of Uttar Pradesh. On 23rd July, 1962, M/s. Ram Lal and Bros. through Sri Kunj Behari Lal Tandon and Brij Behari Lal Tandon made the complaint of professional misconduct under Section 35 of the Advocates Act against respondent No. 1. The case was referred by the Bar Council of Uttar Pradesh to its Disciplinary Committee for necessary action. Respondent No. 1 did not appear on 21st Feb. 1965, when the case was taken up by the Disciplinary Committee. The Committee, however, thought that as his presence was necessary, it adjourned the case, which wa