2016 (12) TMI 420

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..... raised an objection on the vakalatnama of the appellant filed by Sri Ajith Anand Shetty, advocate; objection is that the vakalatnama does not contain 'no objection' of the advocate already on record for the appellant. 3. We have heard Sri Ajith Anand Shetty, learned counsel, on the objection raised by the Registry. The learned counsel submitted that a party to a litigation has an absolute right to appoint an advocate of his choice, to terminate his services, and to appoint a new advocate. Hence, a party cannot be compelled to obtain 'no objection' from the advocate already on record. Insisting for 'no objection' from the previous advocate will amount to putting a restriction on the right of a party to appoint an advocate of his choice. He .....

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..... to dangerous proportion. There may be cases when a party has no resource to pay the huge amount claimed by the advocate as his remuneration. A party in a litigation may have a version that he has already paid the legitimate fee to the advocate. At any rate if the litigation is pending the party has the right to get the papers from the advocate whom he has changed so that the new counsel can be briefed by him effectively. In either case it is impermissible for the erstwhile counsel to retain the case bundle on the premise that fees is yet to be paid. 18. Even if there is no lien on the litigation papers of his client an advocate is not without remedies to realise the fee which he is legitimately entitled to. But if he has a duty to return .....

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..... rrevocable vakalathnama. Precisely the same right has been exercised by respondent No.1 herein (defendant No.7 in the suit) who had earlier engaged the petitioners on their behalf as Advocates to represent them. .............. 8. ...............if the Advocate feels that he has any genuine claim or grievance against his client, the appropriate course is to return the brief with endorsement of no objection and agitate such right in an appropriate forum, in accordance with law and not indulge in arm twisting methods by holding on to the brief." (Underlining supplied) 6. As could be seen from the observations made in the two decisions extracted above, a party to a litigation has an absolute right to appoint an advocate of his choice, to t .....

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