Lawyer's Primary Duty is to disclose all Material Facts before obtaining any Court Order

Team SoOLEGAL 21 Nov 2018 10:30am

Lawyer's Primary Duty is to disclose all Material Facts before obtaining any Court Order

The Supreme Court on Monday pulled up a lawyer for suppressing the facts of an earlier order from the court.

Advocate Mathews Nedumpara on 22nd October had appeared for a petitioner in a Special Leave Petition (SLP) and undertook before the bench – of Justices Rohinton Fali Nariman and Navin Sinha – that his client would pay Rs 80 Lakh within a period of 4 weeks from the said date.

The court then passed an order, in which it had made it clear that if the mentioned payment is not made within 1 week from 22nd October, the SLP shall be dismissed without further reference to this court.

However, on 14th November, advocate Nedumpara suppressing the fact that the SLP had already stood dismissed obtained another order in the same case.

And when the matter was taken up again on Monday, the bench asked the advocate why he did not inform it about the order passed on 22nd October 2018 – when the matter had come up for hearing before it on 14th November 2018.

The SC bench, then said that as a counsel appearing before the court, his primary duty is to disclose all material facts to the court before obtaining any order from the court.

The bench further said:

We were inclined to impose heavy costs but have not done so only because the appellant, for whom Shri Nedumpara appears, already appears to be in dire straits financially.”

Tagged: Material Facts   Special Leave Petition   Advocate Mathews Nedumpara   Justice Navin Sinha   Justice Rohinton Fali Nariman   Supreme Court  
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