Role of advocate
Kunal Sarkar
(Querist) 21 June 2013
This query is : Resolved
one Advocate filed a petition under section 107/145 of cr.p.c. for & on behalf of 1st party in connection with a landed property and in the said case the 1st party get favorable order from Executive Magistrate.
Letter on the 2nd party/plaintiff filed a civil suit against the 1st party/defendant the on the same plot of land claiming separate relief and the suit was dismissed.
Thereafter the previous Advocate of the 1st party/defendant filed appeal for & on behalf of the 2nd party/defendant and submit the Memorandum of Appeal before the appellate court and given his certificate on the memo of appeal apart from Vakalatnama.it is relevant to mention here that, in the said vakalatnama there are another Advocate also signed for the appellant/2nd party, who are not in the previous case under section 107/145 cr.p.c.
I am defending the case in the lower Court for & behalf of the Defendant and also appeared in the appellate court on his behalf.
Now my question is;
1. Whether the Previous Advocate can stand for the 2nd party/appellate in the appellate court.
2. Whether the said Advocate simply withdraw his Vakalatnama without withdrawing/omitting the signature from certificate given in appeal memo cure the illegality.
3. I like to know the relevant provisions of law in this regard.
ajay sethi
(Expert) 22 June 2013
if the advocate had appeared on behalf of the defendant in asuit then he ought not to have appeared on behalf of the plaintiff in appeal . if on objection being made he has with drawn his vakalatnama then for get the issue
R.K Nanda
(Expert) 22 June 2013
agree with expert Sethi.
prabhakar singh
(Expert) 22 June 2013
For a same subject matter of any dispute an
advocate can not interchange his side at different stages of the proceedings.
Rajendra K Goyal
(Expert) 22 June 2013
Agreed with the experts. Nothing more to add.
Raj Kumar Makkad
(Expert) 22 June 2013
This a clear case of misconduct on the part of that lawyer which requires detailed complaint before Bar council of that state.
