Disciplinary committee

rathod murtza (Querist) 18 December 2023 This query is : Resolved
I am advocate of plaintiff. Defendant's advocate produced vakalatnama with false signature and also false documents in the court and false statement in written statement and application of order 7 rule 11. So I disclose all false of defendant's advocate in written replied and pray for proceedings under section 340 crpc for fraud. But honerable judge without any hearing gave order that you making allegation on defendant's advocate is professional misconduct without any following any procedure. Defendant's advocate firstly making false allegations on me but they are giving immunity for that. The order is under challenge in appeal. But disciplinary committee is interfering in sub judice matter. Does making allegation on defendant's advocate for making fraud in the court is professional misconduct. Please help it

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A plaintiff's advocate is seeking proceedings against a defendant's advocate for alleged fraud, including false signatures and documents. However, the judge ruled this accusation as professional misconduct without a hearing. The plaintiff's advocate questions this decision, especially as the defendant's advocate made prior accusations. The core issue is whether alleging fraud in court constitutes professional misconduct, particularly when the matter is under appeal and the disciplinary committee is involved.

T. Kalaiselvan, Advocate (Expert) 18 December 2023
First of all you should understand that the defendant advocate is not making any statement on his own, it is on the instructions that he he has filed the written statement.
Before filing a petition under section 340 cr.p.c. you should first of all ascertain that if the opponent has actually perjured the law and you have proof to prove that an act of perjury was actually committed.
Without any such facts established you cannot make bald or wild allegations,especially against a fellow advocate because he has no personal vengeance agaisnt you that he will use this platform to throw slush on you.
After giving a reply to his written statement you should have proceeded with the conduct of the case in furtherance instead you are trying to deviate the case which may create an adverse impact resulting into fatality of the case you have filed.
If you in the junior level you can discuss the matter at length with any senior lawyer in the surrounding and tackle the case more effectively instead of getting into unnecessary mudslinging activities.

rathod murtza (Querist) 18 December 2023
Yes I have proof and it is on record

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