Friday, June 11, 2010

Civil Procedure Code, 1908

Order 7 Rule 11

Return of the plaint sought on the grounds that constituted attorney is an advocate in the same case.
HELD " I am of the view that the issue of dual capacity as raised by the applicants is mere a technical irregularity, which does not affect the root cause of the issue as raised in the original suit, it would not cause any prejudice to the non-applicants if allowed to get cured. There is no legal bar to an advocate being appointed as a constituted attorney by a party for the purpose of a case. Moreover there is no suggestion of there being any mala fide."

Application dismissed.

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