Advocate Can Be Summoned as Witness: Kerala High Court

In this case, the petitioner has claimed that the respondent has failed to execute a sale deed of property after receiving an advance, which amounts to cheating and breach of trust.

The dispute centred on whether an advocate who attested to the agreement could be summoned as a witness under Section 126 of the Indian Evidence Act. 

The petitioner argued that the advocate's testimony was necessary to prove the agreement, while the respondent contended that Section 126 protects the advocate's privilege of confidentiality. 

The Court clarified that Section 126 only protects private client communications and ruled that an advocate-attesting witness can testify to confirm the execution of an agreement.