03 August 2009
Supreme Court
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BHARAT LAL PANDEY Vs RAMJI PRASAD YADAV

Case number: C.A. No.-005044-005044 / 2008
Diary number: 23053 / 2008
Advocates: Vs ABHISTH KUMAR


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IN THE SUPREME COURT OF INDIA

CIVIL APPELLATE JURISDICTION

CIVIL APPEAL NO.5044 OF 2008

Bharat Lal Pandey                        ...Appellant(s)

Versus

Ramji Prasad Yadav                       ...Respondent(s)

O  R  D  E  R

Heard learned counsel for the parties.

The Uttar Pradesh Bar Council allowed the complaint  

filed by the respondent and suspended the licence of the  

appellant, who was practising as an advocate in civil court  

at Deoria for a period of ten years.  The said order has been  

confirmed in appeal filed by All-India Bar Council.  Hence,  

this appeal.

From a bare perusal of the impugned order, it would  

appear that the only allegation against the appellant was  

that he had filed large number of cases on behalf of the wife  

of the respondent against the respondent.  In our view, this  

allegation does not amount to any professional misconduct and  

the State Bar Council was not justified in suspending the  

licence  of  the  appellant  and  the  appellate  authority  has  

committed an error in confirming the same.

Accordingly, the appeal is allowed, impugned orders  

are set aside and the complaint filed by the respondent is  

dismissed.

......................J.               [B.N. AGRAWAL]

......................J.               [G.S. SINGHVI]

New Delhi, August 03, 2009.