TMI Blog2009 (7) TMI 1349X X X X Extracts X X X X X X X X Extracts X X X X ..... 005. The said suit was contested by the revision petitioners by filing written statement. 3. While the matters stood thus, the respondent filed an application in I.A. No. 200 of 2007 seeking permission to summon one Thiru A.R. HariPrasad, Advocate, Udumalpet as a witness on his side to be examined as P.W.4. 4. In the affidavit filed in support of the application in I.A. No. 200 of 2007 it was the contention of the respondent that the revision petitioners approached the said Counsel for filing a suit on their behalf to declare them as legal heirs of their father Kandasamy Gounder. The said course was adopted as according to the respondent the petitioners have agreed to furnish the legal heir certificate before regis ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ce Act provides thus: 126. Professional communications. No barrister, attorney, pleader or vakil shall at any time be permitted, unless with his client's express consent, to disclose any communication made to him in the course and for the purpose of his employment as such barrister, pleader, attorney or vakil, by or on behalf of his client, or to state the contents or condition of any document with which he has become acquainted in the course and for the purpose of his professions employment, or to disclose any advice given by him to his client in the course and for the purpose of such employment: Provided that nothing in this Section shall protect from disclosure. (1) Any such communi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ofessional engagement and even thereafter. 10. This protective umbrella also saves the Counsel from unwanted and unnecessary proceedings. In case the Counsel was made to disclose the professional communication which he receives from his client in strict confidence, it would cause difficulties to the Counsel as well as to the client. The Counsel would be exposed to the risk of appearing as a witness in the proceedings in which his client was a party even after cessation of his engagement. After all the Counsel is only carrying the brief of the client. He has no personal interest in the matter. He is a member of a noble profession and the Society considers him as indispensable. It is true that the lawyer has to show utmost care w ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... as a witness. In the said case, the lawyer was sought to be summoned not for the purpose of disclosing any professional communication. It was only for the purpose of proving a fact which was observed by him as an individual, which has nothing to do with her profession he was summoned. It was only in such context, the court observed that the evidence tendered by the Advocate does not fall under Section 126 of the Evidence Act and it was admissible. The said judgment has absolutely no relevance to the issue involved in the present matter. 13. The learned trial Judge failed to consider the true spirit behind the mandatory provision as contained in Section 126 of the Indian Evidence Act and allowed the application. 14. ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
