Withdrawl of power of attorney
Dr. Shekhar
(Querist) 03 October 2015
This query is : Resolved
Can I withdraw the power of attorney to previous advocate by giving a simple application to the judge on next date.?
Dheeraj Kaushik
(Expert) 04 October 2015
You can appear before Judge and submit that I have changed advocate and filed fresh Power of Attorney
dev kapoor
(Expert) 04 October 2015
Agree. But gentleman in case you wanna engage another lawyer, you may have to obtain NOC from previous one, as per practice adopted by Bar members.
Dr J C Vashista
(Expert) 04 October 2015
You are required to intimate your previous lawyer and the court regarding withdrawal of attorney. However, it would be better if you can obtain NOC from him.
T. Kalaiselvan, Advocate
(Expert) 10 October 2015
Power of attorney is different from Vakalatnama, do you want to withdraw the vakalatnama or power of attorney deed given to the advocate? because have different meaning, the POA is for appearing on your behalf and the vakalatnama to represent your case as your advocate in a court of law, decide and ask the question once again, if you have any doubt on it.
Dr. Shekhar
(Querist) 10 October 2015
Sir, So that means can my advocate sign my application under CPC orders on my behalf with my vakaltnama in case I am abroad?
or do i need to give him POA for that? What is the basic difference on what the POA empowers/not empowers
and what the vakalatnama empowers/not empowers? to have better understanding between the two.
T. Kalaiselvan, Advocate
(Expert) 10 October 2015
Dr. Sekhar,
You have mistaken my contents. Having a vakaltnama on his name will enable your advocate to conduct the proceedings before the court on your behalf, this will not empower him to sign any application on your behalf, that will be treated as cheating or forgery.
A POA agent has been specifically empowered by the principal to do all such acts that were required to be done by the principal as per the event or incidence. If the power of attorney agent has been specifically empowered to appear as a party in person on your behalf, then he can do so to some extent before the court except adducing evidence on you behalf in the court. Whereas an advocate cannot adduce evidence or sign any application for his client to be submitted before the court seeking relief or other acts that are required to be consented by the party to the case.
Hope the information was useful.
Dr. Shekhar
(Querist) 10 October 2015
Sir, Thanks so much. Very well explained. So what I understand is that on basis of Vakalatnama he can only represent me in the court but with POA he can do the specific acts in my absence which i can do. So it means if I want him to sign my application under CPC order say for video conferencing or any other when i am overseas then i will have to give him SPOA mentioning that I authorise him to sign/file such applications. Evidence/witness he cannot file as he has no knowledge and so I am only competent to do this.
