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2022 (6) TMI 1535

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....ent revisionist. This revision was preferred on 03.08.2019 accompanied with a delay condonation application preferred by the revisionist where the reason for delay has been more appropriately described in paragraph 5, 6 and 11 of the affidavit filed in support of delay condonation application, which is extracted hereunder:- "5. That after receiving the certified copy of the order dated 03.08.2019 as well as the decree dated 13.08.2019 the counsel of the trial court Shri. Manoj Bhatt advised the deponent /revisionist to challenge the impugned judgement and decree by way of filing revision before the Hon'ble High Court therefore the wife of the deponent contacted Shri. Dushyant Mainali Advocate High Court at his office at Haldwani and i....

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....een produced before the Judge S.C.C. in S.C.C Case No. 19 of 2019 "Suresh Chandra V/s Diwan Singh Bora." 11. That there was no communication about the progress of the case from the side of the advocate of the deponent i.e. Shri Dushyant Mainali and when on 29.03.2022 the facts came to the knowledge of the deponent about the issuance of Parwana for handing over the possession then on 30.03.2022 the deponent came to Nainital and enquired the matter regarding filing of the aforesaid Civil Revision wherein he came to know that no aforesaid Civil Revision has been filed by Shri. Dushyant Mainali against the impugned judgement and decree before the Hon'ble High Court till today. The deponent is an old and illiterate person and is suffering ....

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.... professional misconduct for which this Court is taking a suo moto cognizance and referring the matter to the bar council to draw an appropriate proceedings disciplinary against the counsel concerned for wrongful extension of information to the litigant due to which the revision had preferred the revision at a belated stage, when the revisionist faced the order passed by the executing court in pursuance to the impugned decree which has been put to challenge in the present revision. The Bar Council is directed to proceed strictly in accordance with the procedures governing with the disciplinary proceedings of the bar council as well as under the provisions of the Advocates act. Having apparently considered the reasons which has been given in....