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A Kumar (Clerk)     19 August 2014

Change in vakalatnama

A vakalatnama was given to an advocate to conduct procedings for and behalf of us

can petitioner / appellant modify a vakalatnama to the extent that EVERY PAPER / document which is submitted to court      to be singed by BOTH ( advocate AND petitioner/appellant )

 

now if this happens then after this what ever advocate submits uniletralily ( with one signature - advocate only ) will be INVALID 



Learning

 5 Replies

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     19 August 2014

the person representing should have the consent of the advocate having vakalathnama. And more over he can only represent or conduct the case for the person having vakalathnama but he cannot give any thing in writting with his signature attested to it. He can produce documents with a petitioner signed by the advocate having vakalathnama. 

 
1 Like

A Kumar (Clerk)     19 August 2014

for example a court ordered to file consent terms, in many a cases advocate without taking into confidence petitioner / appellant ( advocate ) filed consent terms so as per your @ ramachary64@gmail.com   advice that is illegal 

and

 

how to correct this

T. Kalaiselvan, Advocate (Advocate)     24 August 2014

A vakalatnama given by a party to an advocate will authorise the advocate to conduct the case on behalf of his party within the legal limits.  Any decision to be taken out of court of compromise will be in the knowledge of the party to the proceedings and he has to give his consent in writing towards such settlements, without which it will be considered illegal.  You can very well contest if you found any irregularity done without your knowledge by representing before court in writing.

Arpit lalan (Legal Consultancy/Advocate)     26 August 2014

to clarify and answer, the petitioner/appellant cannot modify a Vakalatnama. your advocate who prepares (signs) the vakalatnama to represent you in cvourt. All other documemts which will have to be submitted and which do not require your signature can be signed bu him. eg. some formality in the department of the court etc). however, to file the papers/docs in court your signatures on those docs wil be required.

Eg. - affirmation on the affidavit.

prakash chandra jain (proprietor.)     28 August 2014

a party has aright to engage  more than one advocate. if he changes already engaged advocate, he should withdraw him with his consent. later on, he can change. advocate gives his services on considerations. if any part of it is due, it should be paid first. then he can change. ADV-prakash jain indore.


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