Counsel for defendant
Tashi Norbu Basi
(Querist) 13 August 2013
This query is : Resolved
I have filed a civil suit against my old school (I was once a teacher there). The school is represented by the Principal. The vakalatnama appointing the advocate is signed by the Principal and says that the advocates are representing him.
Our case has been going on for several years now. On the last date the Court fixed date for filing of evidence of defendant. It was only then that the advocate informed the Court and me, that the school has had a new Principal for about a year now.
My questions are:-
1. Since the vakalatnama states that the advocates are representing the Principal, can their representing the school (after the Principal who signed the vakalatnama had resigned) be legally valid?
2. Should the advocates not have filed fresh vakalatnama signed by the new Principal?
3. If the advocate could not have validly represented the school (after the old Principal had retired) what happens to the hearings which were conducted in the intervening period?
Devajyoti Barman
(Expert) 15 August 2013
1. Yes if the principal SIGNED THE VAKALTNAMA AS THE REPRESENTATIVE OF THE SCHOOL.
2.Not necessary.
3.Nothing, it is a technical issue and the court overlooks this.
