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TMI Blog2009 (7) TMI 1349X X X X Extracts X X X X X X X X Extracts X X X X ..... ted 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 registration of the property and since they failed to prod ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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 communications made in furtherance of any 1[illegal] purpose. (2) Any fact observed by any barrister, pleader, attorney or vakil, in the course of his ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sional 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 while dealing with the case of the clients. The lawyers cannot be identified with parties. Similarly for the fault committed by the parties, lawyer cannot be punished. In case proceedings are also taken ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... hich 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. Therefore I am of the view that the learned trial Judge erred in permitting the respondent to summon the Counsel for the petitioners as a witness and as such the impugned order is liable to be set aside and accordingly the same is set aside. 15. In ..... X X X X Extracts X X X X X X X X Extracts X X X X
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