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Whether False Statement made by Junior Advocate on behalf of Advocate-on-Record may lead to Dismissal of Appeal?

It is being stated on behalf of appellant’s advocate-on-record that he was “taking medicines and coming”, and it was only ten minutes later it was found that the senior advocate was busy in some other matter before another Bench. On being questioned by the Court, Senior Advocate admitted that the statement about the medicine was not correct.

It was held that a false statement had been made before the Court. The plea of nervousness of junior advocate was specious. Appeal, therefore, is liable to be dismissed.

Nervousness would not bring to a junior  advocate  the thought of making the excuse of “medicine”. A false statement has been made before the Court to keep the matter going till counsel could appear, which will nnot be tolerated. (Para 1)

It is unfortunate that due to the impropriety  of  the junior advocate the litigant had to suffer the ire of the Court.

Case; Nafar Chandra Jute  Mills Ltd. v. United Bank of India.

Citation; (200) 9 SCC 545

Bench; S.P> Bharucha, S.S.M. Quadri and N. Santosh Hedge, JJ.

 

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