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1997 DIGILAW 329 (RAJ)

Usman Gani v. Mohd. Amjn

1997-03-05

V.S.KOKJE

body1997
JUDGMENT 1. - Heard on admission. 2. In the peculiar facts of this case the trial Court was required to decide whether a particular lawyer could continue in the case or not. The trial Court has rejected the application filed under section 151 CPC. The question is as to whether a counsel who had appeared in a criminal case could appear in a civil case arising out of the criminal case in which he is likely to be cited as a witness or not. To my mind, the question will arise only when the lawyer desires to withdraw from the case as he was likely to be cited as witness or when he is tried. to be examined by the party as a witness. The Court has control over withdrawal of a lawyer from the case as also on whether a particular witness can be allowed to be examined or not. It has no control over engagement of counsel by the parties. This revision petition is, therefore, dismissed. At this stage the point does not arise, it shall be open to the petitioner to raise the point wherever the said counsel seeks leave to withdraw from the case or the opposite party seeks to examine him as witness.Petition Dismissed. *******