STATE OF BIHAR Vs. NANKHU TEWARI

JUDGEMENT

(1.) THIS is a proceeding under section 13 (b) of the Legal practitioners Act (Act 18 of 1879) started as a result of an application filed by One Gobind Prasad Saha. It appears that he filed his application for action against Sri Nanhku Tewari who is a pleader practising in the Munsiff's Court at Buxar, alleging that Sri Tewari did not hand over to him a sum of Rs. 25/ - which had been deposited to his credit in the Court by the judgment -debtor in a money suit, Small Cause Court Suit No. 160/83 of 1960, in the Court of 2nd Munsif, Buxar. The suit was decreed and the decretal dues were to be paid in instalments. The first instalment of Rs. 25/ - was received on the 15th of December, 1960, and the second instalment of Rs. 25/ - was payable on the 15th of March, 1961. The amount received under the first instalment was paid to the applicant, but the amount withdrawn by the pleader under the second instalment was not paid to him. The pleader was requested several times but he was not willing to pay that amount. This matter was stated in the petition which was originally filed before the District Judge on the 28th of August, 1961, and a copy of that application was also forwarded to this Court as well.

(2.) THIS Court ordered an enquiry into the matter by the District Judge of Shahabad. The District Judge sent down the matter to the Munsif of Buxar. An enquiry was accordingly held by him and a report was .submitted after hearing the parties who were given an opportunity to file their statements in full. The learned District Judge has forwarded the report of the learned Munsif to this Court together with his own comment thereon. The main allegation as set forth in the petition of rejoinder filed by the applicant Gobind Prasad Saha is that the pleader, Sri Nanhku Tewari, was engaged by him in only one Small Cause Court Suit No. 160/83 of 1960, hut thereafter the pleader had signed power in several other cases in which the applicant was interested and demanded his fees in those cases as well. The applicant was annoyed at this unauthorised act of the pleader and cancelled his power in other cases alter paying him his fees as demanded.

(3.) THE learned Munsif in his letter dated the 7th Of October, 1961, to the District Judge of Shahabad, did not accept the allegation of Gobind Prasad Saha that Sri Nanhku Tewari appeared in his cases without being authorised by him and without instruction; and yet he came to the conclusion that Sri Tewari retained a sum of Rs. 25/ - due from the judgment debtor of Small Cause Court Suit No. 160/83 of 1960 without the permission of his client. In his opinion, "Sri Tiwari should have paid back this amount to the applicant and taken recourse to such lawful means as was open to him to realise his remuneration from the applicant." The learned District Judge has forwarded the report to this court.