M K Gandhi an Autobiography

SR No.: 007603
Original Sutra Author: N/A
Author: Mahadev Desai
Publisher: Navjivan Prakashan Mandir
Total Pages: 269
Language: English
Classification: Interfaith & Interfaith
File Size: 2 MB

Page 193

But the senior counsel contended: 'In that case there is every likelihood of the court cancelling the whole award, and no sane counsel would imperil his client's case to that extent. At any rate 1 would be the last man to take any such risk. If the case were to be sent up for a fresh hearing, one could never tell what expenses our client might have to incur, and what the ultimate result might be!
The client was present when this conversation took place
I said: 'I feel that both our client and we ought to run the risk. Where is the certainty of the court upholding a wrong award simply because we do not admit the error? And supposing the admission were to bring the client to grief, what harm is there?'
'But why should we make the admission at all?' said the senior counsel.
"Where is the surety of the court not detecting the error or our opponent not discovering it?' said I.
"Well then, will you argue the case? I am not prepared to argue it on your terms,' replied the senior counsel with decision.
I humbly answered: 'If you will not argue, then I am prepared to do so, if our client so desires. I shall have nothing to do with the case if the error is not admitted.'
With this I looked at my client. He was a little embarrassed. I had been in the case from the very first. The client fully trusted me, and knew me through and through. He said: 'Well, then, you will argue the case and admit the error. Let us lose, if that is to be our lot. God defend the right.'
I was delighted. I had expected nothing less from him. The senior counsel again warned me, pitied me for my obduracy, but congratulated me all the same. What happened in the court we shall see in the next chapter.
Chapter 122
SHARP PRACTICE?
I had no doubt about the soundness of my advice, but I doubted very much my fitness for doing full justice to the case. I felt it would be a most hazardous undertaking to argue such a difficult case before the Supreme Court, and I appeared before the Bench in fear and trembling.
As soon as I referred to the error in the accounts, one of the judges said:
'Is not this sharp practice, Mr. Gandhi?'
I boiled within to hear this charge. It was intolerable to be accused of sharp practice when there was not the slightest warrant for it.
"With a judge prejudiced from the start like this, there is little chance of success in this difficult case,' said to myself. But I composed my thoughts and answered: