Pleader for plaintiff is made witness to the money suit by the defence pleader

hage nibo (Querist) 26 January 2013 This query is : Resolved
Respected Members,

Kindly help, what if the pleader for plaintiff is made witness to the money suit by the defence pleader?

Because, in the instant money suit by the wife; the husband pleads for his own wife, who is witness to the money transaction done.

Is there any restriction on the plaintiff pleader by way of Advocate Act/professional ethics, CPC Rules or any other relevant law?

Any suggestion by any learned Members?

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Sudhir Kumar, Advocate (Expert) 26 January 2013
duty as witness is more paramount than being pleader of either party. Pleader can be changed not the witness.

Kiran Kumar (Expert) 26 January 2013
peculiar situation...but in this case the pleader himself is the competent witness to the entire transaction.

I dont think the law will prevent such testimony, otherwise the money lenders will be duped.

prabhakar singh (Expert) 26 January 2013
As per following rule framed by Bar Council of India an advocate should "3. Not appear in matters where he himself is a witness:

An advocate should not accept a brief or appear in a case in which he himself is a witness. If he has a reason to believe that in due course of events he will be a witness, then he should not continue to appear for the client. He should retire from the case without jeopardizing his client’s interests."

Kiran Kumar (Expert) 26 January 2013
correctly explained by Mr. Prabhakar.

V R SHROFF (Expert) 26 January 2013
AGREES WITH Mr. Prabhakar.

prabhakar singh (Expert) 26 January 2013
Thank you both for my views'appreciation on the problem M/s Kiran Kumar & V R SHROFF .

ajay sethi (Expert) 26 January 2013
well advised by prbhakar singhji

prabhakar singh (Expert) 26 January 2013
Thank you too Mr. Sethi.

hage nibo (Querist) 26 January 2013
Thank you very much prabhakar sir for your answer. I hope if person like you is there in our club, it will attract more & more members with high accelerating rate.