Is Conversation between Advocate & other party..

Md Shadab Ansari (Querist) 09 March 2010 This query is : Resolved
Is Conversation between Advocate & other party (not the Advocate) come under priviledge or professional communication as stated in Section 126 of Evidence Act?? Can this recorded conversation be adduced as evidence???As in that conversation the opponent party accepted the deeds done by him..Section 126 of Evidence Act prohibits the disclosure of any fact of his own client....Need suggestions and opinions....

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Parveen Kr. Aggarwal (Expert) 09 March 2010
Advocate like any other person is also a citizen and human being. The provisions of law are applicable to him equally. Section 126 of the Indian Evidence Act, 1872 creates an exception to protect the rights of a litigant and an advocate (while discharging his professional duties) as the same is previleged communication keeping in view the nature of assignment. So a conversation between a person being an advocate by profession with another person other than professional communication is out of the purview of section 126 and as such is admissible in evidence.