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TMI Blog1983 (11) TMI 343X X X X Extracts X X X X X X X X Extracts X X X X ..... 81 was filed under order 16, rule 1 and section 151, civil procedure code. On the application, the court permitted the issue of summons,. Subsequently the witness for whom the summons were sent took an objection that he cannot be summoned as a witness as he is an advocate appearing for defendants 3 to 8 in the suit. The court on hearing both sides passed an order on 8th December, 1981 that the witness cannot be examined as he has a privilege as an advocate from disclosing the particulars under section 126 of the evidence act. To revise this order dated 8th December, 1981, the applications filed and the court below dismissed the review petition. (2) The learned counsel for the petitioner contended that section 126 of the evidence act cannot ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n : the obligation stated in this section continues after the employment has ceased The learned counsel for the petitioner relied upon the decision in p. Rajamma v. P. Chintaiah. In this decision, the daughter - in - law after the death of her husband, sent a notice to her father - in - law for possession of house and this notice was issued through her advocate and the father - in - law sent a reply notice through advocate Sri N. Venkataratnam, Guntur in which certain statements alleged to have been defamatory were made. The daughter - in - law filed a complaint under section 500, Indian penal code, and in the said case she applied for summons to be issued to Sri N. Venkatratnam. Advocate who gave reply notice containing defamatory statemen ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... to its operation of defending him or presenting his case and the protection extends no further and the defamatory imputation in the instructions to the advocate would not be a privileged communication. In k. C. Sonerexa v. State of Andhra Pradesh, an employee of state government was dismissed for misconduct on the basis of a report of tribunal specially appointed to enquire into his conduct. The petitioner gent a notice under section 80, civil procedure code, alleged to be containing defamatory aspersions against the members of the tribunal through his counsel. A complaint under section 500, Indian penal code, was launched against the petitioner and his counsel. The Allahabad high court held that there is no bar against the counsel making a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the substantiating his defence against the claim of others Section 126 is designed to abort the attempt to intrude into privacy of the close preserve of the fund of information conveyed by the client closeted in confidence. The client or patient in the process of consultation makes bare all facts and aspects stripped of cons - matics to enable advocate or doctor to have correct insight and diagnosis of the case. All information surrounding the case will be conveyed by the client to the advocate and sifting of relevant material constitute the nucleus for preparation and make up of the case. Section 126 facilitates the client to pass on full information and material without to fear or apprehension of advocate being obligated to divulge the i ..... X X X X Extracts X X X X X X X X Extracts X X X X
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