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    <description>An advocate who knows, at the time of accepting or continuing a brief, that he is likely to be a material witness on a disputed question of fact cannot later withdraw and depose for the same party. Section 120 of the Evidence Act does not bar an advocate&#039;s testimony as such, but Bar Council of India Rule 13 requires refusal or cessation of the brief where such a conflict is apparent, save for limited cases involving formal or court witnesses or a later realisation during proceedings. The order permitting the advocate to retire and testify for the defendants was set aside, the application to examine him was rejected, and his earlier evidence was expunged.</description>
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      <title>1993 (10) TMI 375 - BOMBAY HIGH COURT</title>
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