Legal Question in Legal Ethics in India

During proceedings in a civil case High Court of Delhi , the Judge passed an EX-party order as both the defendant and his councilor did not turn up on 15th July 2009. An application was made by the defendant�s councilor to reopen the case. The reason stated was that the during the proceedings earlier to the ex-party order date he had noted the hearing date wrongly as 15th Oct 2009 and that non-appearance may be condoned and the ex-party order set aside. But the applicant by revoking RTI Act extracted a report from the Registrar of the Court that the defendant councilor did make a request for issuance of a gate pass to his client for 15th July 2009. The applicant filed this report and opposed any re-opening. The Judge wasted no time to dismiss. Also he 1).slammed Rs25,000 fine on the councilor for filing a false statement, 2.) asked registrar to make a case of filing false statement by the councilor and the defendant in court under sec 195 crpc 3) asked registrar to make a letter to bar council to consider cancellation of license given to the defendant�s councilor.

In my case that is going on from 2004 the defendant had taken three councilors. The defendant had on advice of the second councilor filed a written argument just opposite of an averment made by him on the counseling of the first and an acceptance of the contrary statement on the advice of a third advocate. Is only defendant can be taken to task in this case or the second councilor as well? Instead of Judge can I as an individual approach the Bar Council and place the records before it against second advocate�s behavior? The second advocate ought to have seen the averments made by his proceeding councilor before filing a statement.

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