Vakalatnama cannot be conditional and restricted to any part of proceedings
Rules as to service of summons are contained in Rules 9 to 30 of Order V. Care should be taken to see that
bailiffs follow those rules as well as the instructions
given in the Bailiffs Manual." 10 Admittedly the contesting Respondents were duly served
and recorded also in the roznama accordingly. The parties represented through their Advocates. The vakalatnama, therefore,
once filed by the Advocate and/or if the Advocate appears on behalf of ig
the respective parties, the vakalatnama cannot be dissected and/or
treated for filing only for Notice of Motion and not for any other proceedings. Considering the provisions so recorded above once the
party appears through his Advocate and due vakalatnama is filed, it is
for all the proceedings. Therefore, to say that a separate summons required to be served to the Respondents/Defendants is unacceptable.
No fresh service of writ of summons is contemplated in such circumstances. The Advocate's appearance, not permitted for want of
specific provision and/or instruction for a part of the proceeding arising out of the suit. The vakalatnama cannot be conditional and restricted to any part of the proceedings. The learned Judge, therefore, in my view, wrong in dismissing the Suit for want of service of writ of summons.
Bombay High Court
Mr. Suresh s/o. Daduram Abnave v Municipal Corporation of Greater Mumbai on 23 October, 2013
Bench: Anoop V. Mohta
Citation; 2013 (6) MH L J 845https://www.lawweb.in/2013/12/vakalatnama-cannot-be-conditional-and.html
