Advocates act
Ramasamy
(Querist) 04 October 2011
This query is : Resolved
Dear Sir,
One “X” who alongwith his father “Y” were partners in a partnership firm and his father is the Managing Partner. Thereafter the said “X” has retired from the partnership firm since he wants to enroll himself as an advocate before the Bar Council. Then the said Partnership Firm has filed a civil suit in the name of the partnership firm for praying certain reliefs as against some third parties. Such a civil suit was filed in the name of the said partnership concern but the Plaint and that of related case papers are signed by the said “Y” as a Managing Partner. But the partnership concern has engaged the said “X” as its Advocate to represent and conduct the case before the court of law.
In this regard, I am having a reasonable doubt as follows:
(a) Whether the said Advocate “X” can appear for the said partnership firm in which he was a partner before his retirement for enrollment as an Advocate?
(b) Whether the said Advocate “X” can appear for the said partnership firm in which his father “Y” is designated as a Managing Partner who still signing the case papers on behalf of the said Partnership firm?
Kindly clarify the related issues arising in this matter.
Thanking you………
Ramasamy
(Querist) 04 October 2011
Dear Sir,
Thank you very much for your kind response for my Query......
So the "misconduct" as mentioned in the Advocates Act will not attracts the said "X" eventhen he conducts the case infavour of the said Partnership Firm in which his father "Y" is still acting as an Managing Partner.
Once again I convey my heartiest "THANKS" for your earliest clarification for my Query....
Raj Kumar Makkad
(Expert) 04 October 2011
It is a serious question how partnership firm remained in existence when X had resigned from it and how it filed a civil suit thereafter still showing it as a partnership firm if only X and Y were its partners of the firm?
If X was not a partner then definitely there is no bar to take up case of behalf of such firm but he was still a partner therein then definitely he is guilty under Advocates Act, 1961.
An Advocate cannot become a partner in a profit making firm.
Ramasamy
(Querist) 04 October 2011
Dear Sir,
Thank you very much for your kind response for my Query......
Among “X” and “Y” there are some other persons are also exists in the Partnership firm.
Once again I convey my heartiest "THANKS" for your earliest clarification for my Query....
