Ramkishan vs Mahedawa Chamar
2023 Latest Caselaw 4751 MP

                                                                          1
                                                   IN THE HIGH COURT OF MADHYA PRADESH
                                                                AT JABALPUR
                                                                   MA No. 4367 of 2022
                                                    (RAMKISHAN AND OTHERS Vs MAHEDAWA CHAMAR AND OTHERS)

                                       Dated : 27-03-2023
                                             None for the appellants.

                                             None for the respondents.

The Lawyers are abstaining from work in the light of a call given by the Bar Council of State of Madhya Pradesh. The Bar Council of India by its letter dated 22.03.2023 had condemned the resolution passed by the Bar Council of

State of Madhya Pradesh and had requested to follow the dictums of the Supreme Court passed from time to time in respect of strike.

The Division Bench of this Court by order dated 24.03.2023 passed in In Reference (Suo Moto) Vs. Chairman, State Bar Council of M.P. & others (W.P. No.7295/2023) has issued the following directions:

(i) All the advocates throughout the State of Madhya Pradesh are hereby directed to attend to their court work forthwith. They shall represent their clients in the respective cases before the respective

courts forthwith;

(ii) If any lawyer deliberately avoids to attend the court, it shall be presumed that there is disobedience of this order and he will be faced with serious consequences including initiation of proceedings for contempt of court under the Contempt of Courts Act;

(iii) If any lawyer prevents any other lawyer from attending the court work, the same would be considered as disobedience of these Signature Not Verified SAN

Digitally signed by MONIKA CHOURASIA Date: 2023.03.29 17:59:45 IST directions and he will be faced with serious consequences including

initiation of proceedings under the Contempt of Courts Act;

(iv) Each of the judicial officers are directed to submit a report as to which lawyer has deliberately abstained from attending the court;

( v ) The judicial officers shall also mention the names of advocates who have prevented other advocates from entering the court premises or from conducting their cases in the court;

(vi) Such advocates shall be dealt with seriously which may even include proceedings under the Contempt of Courts Act as well as being debarred from practice.

In spite of that the counsel for the parties are not appearing.

Accordingly, issue notice to the counsels for the appellants as well as the counsels for the respondents to show cause as to why contempt proceedings be not initiated against them for disobeying the order dated 24.03.2023 passed by the Division Bench of this Court in the case Chairman, State Bar Council of M.P. (supra).

Office is directed to register separate proceedings for the same. Office has listed this case on the question of maintainability. Considered I.A.No.4542/2023, an application for amendment. The appellants have filed this appeal under Order 41 Rule 1(D) of the CPC against the judgment and decree dated 30/08/2022 passed by IIIrd Additional District Judge, Chhatarpur, Distt. Chhatarpur in R.C.A. no.1600178/16 arising out of judgement and decree dated 30/11/2016 passed by Signature Not Verified SAN IInd Civil Judge Class-2 Rajnagar, Distt. Chhatarpur in C.S.No.10A/14. Digitally signed by MONIKA CHOURASIA Date: 2023.03.29 17:59:45 IST By the impugned award the District Judge has remanded the matter.

Accordingly, no second appeal would lie as claimed by the registry.

Accordingly, I.A. no.4542/2023 for amendment in the memo of appeal is hereby allowed.

Let necessary amendment be carried out within seven working days. The office objection is hereby overruled.

(G.S. AHLUWALIA) JUDGE

m/-

Signature Not Verified SAN

Digitally signed by MONIKA CHOURASIA Date: 2023.03.29 17:59:45 IST