Law:

Section: 3

Local Practitioners and Bar Councils Rules, 1976--- ---- R. 148 --- Law Reforms Ordinance (XII of 1972), S.3 --- Intra-Court appeal--Defendant's application that counsel representing plaintiff be debarred from conducting suit on account of conflict between him and his client viz. plaintiff, thereby attracting transgression of R.148, Legal Practitioners and Bar Councils Rules, 1976, was dismissed by High Court --- Validity --- High Court was correct in holding that no case of conflict of interest appeared to be existing between counsel and client moreso, because counsel was not claiming any interest adverse to that of plaintiff, nor did plaintiff allege any such interest --- Defendant .had in fact maintained that counsel was entitled to property in question as legal heir of deceased and, thus, had interest adverse to that of plaintiff --- Counsel, however, never claimed any interest as subsisting ---Conflicting interest, if any, in terms of R. 148, Legal Practitioners and Bar Councils Rules, 1976, must be invoked by counsel and client themselves and third party, muchless adversary, was not entitled to allege such interest to the detriment either of counsel or client --- Facts of case, however, indicated that version of defendant would constitute, if at all, case of alleged collusion between plaintiff and his counsel but whether that precise case had been set up or not and if set up, with what consequences, was quite another matter and had to be dealt with otherwise than on plane of conflict of interest between counsel and his client --- Plaintiff and his counsel did not claim to have any conflicting interest and it did not lie in the mouth of third party viz. defendant to pursue another's purported cause --- Appeal as also application were dismissed in circumstances. A. D'Cruz for Appellant. Date of hearing: 31st October, 1995 JUDGMENT WAJIHUDDIN AHMED, J.---In the first place it was contended that the learned Single Judge passed the impugned order on C.M.A. No.2239/1995, dismissing the same, in a situation where an application for adjournment on the ground of sickness of Mr. A.D'Cruz had been submitted and the matter was adjourned for the…