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2021 Supreme(MP) 426

IN THE HIGH COURT OF MADHYA PRADESH
G.S. Ahluwalia, J.
Prakash Chandra Chandil v. Arun Singhal & Others
Civil Revision No. 31 of 2016 (Gwalior): against the order dated 3.11.2015 passed by the XI Civil Judge Class-II, Gwalior in Civil Suit No. 4A/2014; Decided on 3.3.2021

Advocates:
K.S. Tomar with Kapil Sharma for applicant

Headnote:

¼1½ vfèkoDrk vfèkfu;e] 1961 & èkkjk 35 & o`fRrd vopkj & vfèkdkfjrk & vuU; vfèkdkj {ks= fofèkK ifj"kn esa fufgr gS & flfoy U;k;ky; fopkj@ijh{k.k ugha dj ldrk fd odhy dk d¨Ã dk;Z vopkj gS ;k ugha & fopkj.k U;k;ky; odhy d¢ fo#) vuq’kklfud dk;Zokgh vkjaÒ djus d¢ fy, fofèkK ifj"kn d¢ fo#) vkKkid O;kns’k ikfjr ugha dj ldrkA ¼iSjk 12½
¼2½ flfoy çfØ;k lafgrk] 1908 & vkŒ 7 fuŒ 11¼d½ & okn dk pykus ;¨X; g¨uk & vfÒopu¨a esa vkosnd@çfroknh Øekad 3 d¢ fo#) d¨Ã okn gsrqd çdV ugha & mld¢ fo#) okn fofèk }kjk oftZr gS & okn [kkfjtA fjV ;kfpdk ¼flfoy½ Øekad 612 lu~ 2016 vuqlfjrA ¼iSjk 14½

(1) Advocates Act, 1961 -- S. 35 -- professional misconduct -- jurisdiction -- exclusive domain vests with Bar Council -- civil Court cannot consider/examine whether any action of lawyer is misconduct or not -- trial Court cannot pass mandatory injunction against Bar Council to initiate disciplinary proceedings against lawyer. [Para 12]

(2) Civil P.C. 1908 -- O. 7 R. 11 (a) -- maintainability of suit -- no cause of action disclosed in pleadings against applicant/defendant No. 3 -- suit against him is barred by law -- suit dismissed. W.P. (C) No. 612 of 2016 followed. [Para 14]

ORDER

1. This civil revision under section 115 of CPC has been filed against the order dated 3.11.2015 passed by 11th Civil Judge, Class 2 Gwalior in Civil Suit No. 4A/2014 by which the application filed by the applicant under Order 7 rule 11 CPC has been rejected.

2. The facts necessary for disposal of the present revision in short are that the respondents No. 1 and 2/plaintiffs, have filed a suit for eviction against the respondents No. 3,4 and the applicant on the ground that the disputed shop is shown in red colour in the Plaint map. It is the case of the plaintiffs that the defendant No.1 had let out the disputed shop to the defendant No.2 as a Sikmi tenant on 30.6.1997. A suit was filed for eviction on the ground of bona fide requirement and sub-letting, which was decreed and the civil appeal was also dismissed. The defendants No. 1 and 2 filed two separate appeals which are pending before the High Court. It is alleged that the defendant No.1 is tenant of two shops belonging to the plaintiffs and earlier one consolidated suit for eviction was filed, and now two different suits for eviction are being filed.

3. Since, this Court is not concerned with the grounds on which the suit has been filed for eviction against the defendants No.1 and 2, therefore, this Court shall only consider the pleadings made against the applicant/ defendant No.3 in the plaint. It is mentioned that the defendants No.1 and 2 obtained stay order from the High Court. The applicant/defendant No.3 is the Counsel for the defendant No.2 and is also a Counsel for the defendants in S.A. No. 424/2003 and the stay order in said appeal was passed in his presence. In spite of that an attempt was made to illegally obtain a water tap connection, whereas the Trial Court as well as the Appellate Court had restrained the defendants from obtaining the water tap connection. It was further pleaded that the applicant is a senior advocate and it was his legal duty that he should have advised the defendants No.1 and 2, not to take water tap connection, and it was his duty to ensure that the status quo should have been maintained, but failed in his duty. The tenant has no right to obtain the water tap connection and it is known to the defendants No.1, 2 and the applicant (defendant No.3). They could have obtained an order from the Court, but since, they were aware that they would not be able to obtain such permission, therefore, defendant No.2 started making efforts to obtain the water tap connection in a clandestine manner,which was not objected by defendant No.1. Thus it was prayed that the plaintiffs are entitled to get a decree for eviction on the ground of 12(1)(c) of M.P. Accommodation Control Act. It was also pleaded that the applicant/defendant No.3 is a legal professional and therefore it cannot be presumed that he doesn't know law and he deliberately supported the defendant No.2 by appearing on his behalf before the High Court and thus committed professional misconduct. It was further pleaded that not only the applicant is appearing on behalf of defendant No.2, but he is also encouraging him and filed a counterclaim on incorrect facts whereas the counter claim was not maintainable under section 41(1) of Specific Relief Act. Thus, it was pleaded that the applicant/ defendant No.3 has actively assisted the defendant No.2 in obtaining the water tap connection. It was further pleaded that the applicant/defendant no.3 is also in habit of arguing before the Court in an illegal manner, which is evident from the fact, that the applicant had filed one appeal on behalf of defendant No.2 before the Court of VIIth A.D.J., Gwalior, which was not maintainable and when, the plaintiffs appeared before the Court below, then the appeal was withdrawn. Similarly, the applicant had filed a contempt petition No. 14/2004 in the High Court which was subsequently dismissed as withdrawn with a cost of Rs. 5000/-. Further in another case between Laxman Rathor v. Mohanlal Sharma, the applic

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