Non production of poa and non filing of vakalatnama (Civil Law)

This query is : Resolved

Author : S.G.KRISHNAN

PRO CHAT CALL

Posted On 04 August 2012 at 19:29

CA of respondent (orig pltff) filed affidavit 3 months ago without producing power of attorney. A new Advocate was appointed 3 months ago but vakalatnama was not filed. Appellant (orig.defendt)demanded copy of POA and inspection of original, which was not complied with. 3 times in last 3 months advocate sought adjournment to file vakalatnama bu not yet filed. My questions are: a. Can the court consider the affidavit without POA ? b.is appellant entitled to copy of POA and inspection of original ? C. Can new Advocate continue to appear without filing vakalatnama ? D. Any case law on the subject ? Kindly advise.

Expert : Devajyoti Barman

PRO CHAT CALL

Posted On 04 August 2012 at 23:32

a. yes
b.yes
c.yes for limited period only till the vakalatnama is filed.

Expert : prabhakar singh

PRO CHAT CALL

Posted On 05 August 2012 at 08:09

An affidavit is an affidavit and has to be considered accordingly,and an capacity is capacity which should be proved accordingly,and three months time is more than any thing to file any vakalatnama,after all that is not talaqnama.

Expert : V R SHROFF

PRO CHAT CALL

Posted On 05 August 2012 at 11:43

These are the loopholes in Court Proceedings, thats why Indian Courts are Slow. Matter delays. You apply for expedite the matter and ask heavy cost for each adjournment.

Expert : RAJU O.F.,

PRO CHAT CALL

Posted On 05 August 2012 at 12:24

If the new advocate is junior or representing the counsel on record, he need not file vakalathnama, since the counsel on record can depute any other counsel.

Expert : M V Gupta

PRO CHAT CALL

Posted On 06 August 2012 at 18:13

I have different view in the matter. If the Respondent (original Plaintiff) is prosecuting his case through his CA (constituted Attorney) then it is a must that the POA is produced by the CA. If the pOA is not produced u can object to the affidavit filed by the CA being taken on record, as it is unauthorized. Similarly the Advocate cannot continue to appear for the Respondent in the absence of the Vakalatnama given to him.

Author : S.G.KRISHNAN

PRO CHAT CALL

Posted On 06 August 2012 at 19:14

Dear Experts,
Many thanks for your views/advices.
S.G.Krishnan