Vakalatnama on going overseas

Dr. Shekhar (Querist) 06 October 2015 This query is : Resolved
I am going overseas for longtime. In my absence if any application is to be made to the trial court under order 18 CPC or HC under Article 227 of Constitution, then is the Vakalatnama given to any advocate fine? Can he sign on my behalf and file the said applications on my request? Thanks

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M V Gupta (Expert) 08 October 2015
Vakalatnama given to an advocate only authorizes him to present the case on ur behalf. On the basis of vakalatnama advocate cannot file sworn statements or pl;aints or petitions containing facts of the case for which only the party concerned or his POA holder can do. Hence u should give a person in whom u have full confidence all requisite powers to file applications / petitions etc on ur behalf and prosecute the cases for u. Get the POA drafted by an advocate and get it notarised.

Dr. Shekhar (Querist) 08 October 2015
Dear Mr MV Gupta, Many thanks for your reply. So i understand from your reply that with Vakalatnama the advocate cannot file petitions containing facts. But if I give POA to some advocate on whom I have full confidence then he can file petitions on my behalf in trial court or HC ?

Kindly also clarify whether with POA if i specially empower by POA can the advocate also sworn statements or atleast file evidences in my absence on my behalf?

M V Gupta (Expert) 10 October 2015
POA can be given to any person including one who is a Lawyer. But he should be different from the one who is given the Vakalatnama to plead ur case before the court. As regards giving evidence on ur behalf, the POA holder can vouch only to those facts which he is personally aware while discharging his duties as POA and not to vouch those facts which are exclusively in ur personal knowledge or dealings. Ex: the POA cannot give evidence of an incident which has taken place in ur house or between urself and ur brother, unless he was personally present at the relevant point of time. Even the n his evidence willbe corroborative evidence to support the primary evidence which is urs.