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1998 DIGILAW 888 (MP)

R. K. Tiwari v. N. K. Pandey

1998-11-18

D.P.S.CHAUHAN, R.P.GUPTA

body1998
ORDER 1. It is a contempt reference made by 1st Civil Judge. Class-II, Bilaspur Shri R.K. Tiwari under Section 15(2) of the contempt of Courts Act, 1971 against an Advocate of Bilaspur, Shri N.K. Pandey by means of the order dated 20.2.98 and the allegation is that Shri N.K. Pandey on 31st January. 1998 behaved in uncivilized and contemptuous manner and at the time when the order was being passed in the case, his son Shri Sumat Pandey, Advocate was present in the Court and after hearing the order passed by the Court, he communicated the same to Shri N.K. Pandey, whereat he came to his Court and excitedly without going through the order behaved in uncivilized way and it was stated by the Civil Judge that he exercised improper pressure on the Court for not passing the order in his favour and he told the Court that he will bring the matter to the notice of the District Judge and this is the very foundation of the reference to this Court. 2. In the order of reference it was also mentioned that the Court told Shri N.K. Pandey that if he wants to bring the matter to the notice of the District Judge he can do that, but before the Court saying so is Contempt of Court. The' matter started when the Advocate requested the Court for Court record, at which time in some other case (Civil Suit No. 98-A/96) the order was being dictated which was nearly on completion. The Advocate was asked to wait for two minutes whereat he himself tried to snatch the tile from the Deposition Writer Ku. Anita Shaha as at that time the file for typing the order was with her. At this the Advocate told the Court for reporting the matter against him to the District Judge and asked for showing the file to him. 3. From the order of reference it appears that Civil Judge himself is not much experienced man, and is expected to learn the craft of Court management. The lawyers belong to a dignified community of the society and the Advocates Act has conferred status on them and that should not be allowed to he diluted lightly. No Advocate can be successful; unless he acquires decent and courteous manners. The lawyers belong to a dignified community of the society and the Advocates Act has conferred status on them and that should not be allowed to he diluted lightly. No Advocate can be successful; unless he acquires decent and courteous manners. In the present case the only thing, as it appears, is regarding lack of decent and courteous manners on the part of the Advocate, The Advocate, in present day society, are working like a ship without marines compass as they are not trained in that manner, they are not guided in the manner specially at the level of the District Court. Advocate should not forget his status which has been conferred on him under the Advocates Act which is coupled with the obligation on him that his behaviour should be decent, his appearance should be presentable. He assists the Court in the discharge of its duty and for this reason he is also described as Officer of the Court" 4. It is too petty a matter for firing misile under the Contempt of Courts Act, 1971, but at the same time the Court considers it appropriate to issue a caution to the Advocate. Shri N.K. Pandey for directing himself in a manner so to exhibit proper and decent conduct and come upto the standard of the Advocate as envisaged under the Advocates Act. In view of this caution, we do not want to take any action at present against Shri N.K. Pandey, Advocate as we hope that this order would be a sufficient guidance for him. 5. In view of above, the reference is shelved. 6. Let copy of this order be communicated to the concerned Civil Judge and also to the Advocate. Shri N.K. Pandey and be also sent to the Bar Council of Madhya Pradesh, free of cost.