Drafting of application for Transfer of case by advocate;precaution to be taken
It may be repeated once again for the guidance of the members of the Bar that the law in regard to the allegations in a petition for transfer is that the responsibility for the allegations does not lie exclusively upon the litigant. It is the moral and professional duty of the lawyer engaged to be reasonably and generally satisfied about the fact that there may be some foundation for the allegation before he agrees to put it down on paper and sign it and file in Court. It is a kind of dual responsibility although the manner in which it is to be discharged operates differently so far as the litigant and the lawyer engaged by him are concerned. Failure, in the circumstances, to have taken the obvious precaution, as in the present case of not consulting the lawyer engaged, shows dereliction of duty on the part of Sri Shashi Bhusan Dutta and he cannot be exonerated from the responsibility for having made the allegation. It may also be emphasised that it is curious indeed that the suspicion of Sri Dutta was not roused when the appellant, who had never engaged him before in the appeal, preferred to go to him and execute a
