Can initial vakalat be carried on in appeal stage before the District Judge?
N.K.Assumi
(Querist) 22 March 2009
This query is : Resolved
In a suit defendant was defended by his lawyer by virtue of a vakalat. Can the same vakalat be continued to appeal stage by the same advocate retained by the same defendant between the same parties, without having to file fresh vakalat? The initial vakalat stipulate, to act, file appeal, aplication etc..?
Kiran Kumar
(Expert) 22 March 2009
no u ll ve to file fresh vakalatnama.....
lets c what other experts comment.
Tribhuwan Pandey
(Expert) 22 March 2009
No, you have to file fresh vakalatnam. Because now it is a fresh case (though it may in continuation of the suit) and you are going to assign new work to the lawyer. For every new case new vakalat is required.
N.K.Assumi
(Querist) 22 March 2009
Thank you Kiranji and Trbhuwanji, for the information.
PALNITKAR V.V.
(Expert) 22 March 2009
In fact the High Court has powers to frame rules about that. In Maharashtra the Vakalatnama can be continued in first appeal also. The advocate has to simply inform in writing that his Vakalatnama is already on record.
Adv.Shine Thomas
(Expert) 22 March 2009
I agree with Mr.Kiran Kumar & Mr.Tribhuwan C.Pandey
sanjay singh thakur
(Expert) 22 March 2009
Dear Asumi
You will have to file a fresh Vakalatnama.
B.B.R.Goud.
(Expert) 22 March 2009
a fresh vakalatnama is necessitated, for every new case.
M. PIRAVI PERUMAL
(Expert) 23 March 2009
I agree with the views of my learned friends.
A. A. JOSE
(Expert) 23 March 2009
I too entirely agree with learned friends, but information given by Mr.Palnitkar is also useful and thank him for the same.
adv. rajeev ( rajoo )
(Expert) 24 March 2009
if the defendant wants to retain the lower court advocate, that advocate can file a vakalat or memo stating that In the LC I was representing the defendant/respondant. The same vakalat may be continued
Hiralal Das
(Expert) 04 April 2009
Yes,I agree with my learned friends. Please try to follow their valuable opinions.
