Pavankumar 11 October 2023

Meaning of a certain section in vakalatnama

Hello everybody,

I would like to know the meaning of a certain section in the Vakalatnama.

In the Vakalatnama there is a paragraph that says:

"I/we hereby authorise him/her/them on my/our behalf to enter into a compromise in the above matter, to execute any decree/order therein from any decree/order therin and to appeal, to act to plead in such appeal if any, prefered by any other party from any decree/order therein."

In this, I wanted clarity regarding the following.

"I/we hereby authorise him/her/them on my/our behalf to enter into a compromise in the above matter": Does this mean that by taking this authorization, the advocate can go for compromise, even if his/her client is not interested?
"to execute any decree/order therein from any decree/order therin and to appeal, to act to plead in such appeal if any": Does this mean that by taking this authorization, the advocate can execute or appeal even if the client is not interested?
"prefered by any other party from any decree/order therein": What does this mean? Who is 'any other party'? What is 'from any decree/order therein'?

These sections are a bit confusing and startling too. I would greatly appreciate if knowledgeable people of the forum throw light upon these matters.

Thanks & warm regards

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4 Replies

Real Soul.... (LEGAL) 12 October 2023

That is not so, it is just wider term to enable Advocates to freely plead cases and yes the Advocates can make staments but without presence of Client they cannot enetr in to any compomise outside the court or inside the court without client's will or signatures. The Advocates can make compromise only upon instructions of Client and with out any signatures of Parties that is not valid anyways. And even if parties will complaint that Advocate acted without their instructions he will be in trouble.

1 Like

Suhail suhail (LAWYER) 12 October 2023

Agree with counsel

Real Soul.... (LEGAL) 12 October 2023

· While going through the Power of Attorneys Act 1882 -

[1A. Definition. - In this Act, power-of-attorney includes any instrument empowering a specified person to act for and in the name of the person executing it.]

There is not any specific format or template designed by the Act to be used as POA, it should fulfill the requirements under act and you can fetter the powers and grant only limited powers to your attorney acting on your behalf. Though we use mostly the traditionally accepted format of VAKALTNAMA, though Rule 4 of Order III CPC requires a signed document POA to let a pleader plead on behalf or client. You can mention only terms necessary and remove what powers you don’t want to grant or mend them as “without written permission the advocate is not authorized to enter into any compromise or withdrawal, or make any statement ‘ etc.

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Pavankumar 13 October 2023

Originally posted by : Real Soul....

· While going through the Power of Attorneys Act 1882 - [1A. Definition. - In this Act, power-of-attorney includes any instrument empowering a specified person to act for and in the name of the person executing it.]There is not any specific format or template designed by the Act to be used as POA, it should fulfill the requirements under act and you can fetter the powers and grant only limited powers to your attorney acting on your behalf. Though we use mostly the traditionally accepted format of VAKALTNAMA, though Rule 4 of Order III CPC requires a signed document POA to let a pleader plead on behalf or client. You can mention only terms necessary and remove what powers you don’t want to grant or mend them as “without written permission the advocate is not authorized to enter into any compromise or withdrawal, or make any statement ‘ etc.

Realsoul, your answers are as usual, not only very informative but also soothing to the soul. They impart confidence. You are doing a great service. Thanks a lot.