9911796707
TMI Blog1971 (4) TMI 101X X X X Extracts X X X X X X X X Extracts X X X X ..... , they will deposit the diamond with the plaintiff as a pledge and will pay interest at the rate of 2 per cent per month on the amount of loan. The plaintiff agreed to these terms and a sum of ₹ 14,717.68 was got deposited by him in the State Bank towards the payment of royalty and sales-tax on behalf of the defendants. By virtue of this deposit, the defendants got possession of the diamond, but they did not deliver the same as pledge of the plaintiff. This action of the defendants, which amounted to cheating, shocked the plaintiff and he made a hue and cry on which some people gathered and on their persuasion the defendants executed a pro-note in favour of the plaintiff in which the term of interest was omitted. In paragraph 4 of the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... mons was obtained for Shri Shrivastava to file the original pronote. Instead of filing the pronote, Shri Shrivastava, on December 21, 1967, raised an objection that he had a lien for his fees enabling him to retain the document. This objection was decided on January 9, 1969, in favour of Shri Shrivastava and it was held that he could withhold the production of document until his lien was discharged by payment of fees. As already stated, on January 31, 1969, the suit was dismissed for non-production of the pronote. 4. The argument of the learned counsel for the appellant is that Shri S.K. Shrivastava had no lien enabling him to retain the pronote and the order of the trial Court allowing his objection on January 9, 1969, was erroneous. To ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ed for filing the suit and prosecuting it, the necessary inference is that the Advocate is to file the document along with the plaint or at the first hearing of the suit. Since such a document is meant to be produced in Court at the earliest opportunity, exercise of right of lien over it, as conferred by Section 171, will be excluded by an implied contract to the contrary. Now, the pronote in the instant case was a document which Shri Shrivastava himself understood to be a document which at least partly formed the basis of the suit. Indeed, it was so stated in Paragraph 4 of the plaint and it was for this reason that a copy of the document was filed along with the plaint. It was then the duty of Shri Shrivastava to file the original at the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... no obligation to deliver, nor even to produce or allow inspection of the documents and papers in his possession for the client's benefit, until all his taxed costs are paid. (p. 365) 7. In our opinion, Narayandas's case, AIR 1932 Bom 363 does not help Shri Shrivastava, for, in that case the attorney, who was first engaged, was discharged by the client by a notice issued on his behalf and it was only after the notice of discharge that the attorney claimed to exercise his right of lien. In the instant case nothing has been shown from the record to enable us to infer that the engagement of Shri Shrivastava as an Advocate was terminated by the plaintiff. Simply because the plaintiff did not pay his fees or that he engaged another l ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... in force until determined with the leave of the Court by a writing signed by the client or the pleader, as the case may be, and filed in Court, or until the client or the pleader dies, or until all proceedings in the suit are ended so far as regards the client. Even if it were held that the permission of the Court is not essential to make the discharge of an Advocate by his client effective so as to enable the Advocate to exercise his right of lien, there must be some notice or communication from the client bringing about the discharge of the Advocate or the termination of his engagement. Nothing of that kind has been shown to exist in the instant case. We are, therefore, constrained to hold that the engagement of Shri Shrivastava continue ..... X X X X Extracts X X X X X X X X Extracts X X X X
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