Sub: Filing vakalat in favour of parties in Appellate against whom contested against in the opposite
somnathsingh
(Querist) 30 November 2010
This query is : Resolved
Sir,
A Suit for partition is filed by the sisters against brother and father demanding the 4 equal shares challenging the Will executed by their mother in favour their brother only. The sisters were also stated in plaint that son and father were colluded to grasp the suit property. The said will and (declarations) were denied by the father. Prior to that both sisters were given declarations stating that the will is correct and they have no right in the suit property and also taken money under love and affection from their brother. Declarations and the receipts were given by the sisters to brother witnessing their husbands. And thee documents were marked as exhibits.
Advocate “A” is contested for plaintiff (sisters) and Advocate “B” is contested for Defendant 1 (father) and Advocate “C” for Defendant 2 in OS (Brother)
Over ruling the above documents the Original Suit was decreed in favour of sisters’ partitioning the suit property in 3 equal shares, keeping the will under suspicious circumstances.
Aggrieved by the partition decree, brother preferred an appeal and it is pending. Now there is good understanding between the sisters and the brother and the sister are willing to confirm the will and the declarations given by them are correct and they have no rights in the suit property.
Is it possible to state in the appellate court by giving affirmation in pleadings what they have denied in the lower court?
Is it possible that Advocate “C” who contested against sisters (Plaintiffs) and Defendant 1 (father) in OS can file Vakalat in favour of sisters (Respondents) and Father also in the Appellate court?
What will be the situation of Advocate “C” if the suit is for compromise in between all the parties?
Can the appellate respondent advocate can file these pleadings in the appellate court. Please advice at the earliest.
Regards
Somnath
Devajyoti Barman
(Expert) 30 November 2010
No advocate C can not represent any body against whom he was appearing. C can represent the same persons whom he was representing in the lower court or else support the other side but can not file vakalatnama in ther name.
Raj Kumar Makkad
(Expert) 30 November 2010
I think the situation of the advocates might have been cleared.
I add one more point. Both the parties initially should confirm to their original stand taken in the pleadings in lower court and thereafter they may come to a compromise and may pray to fix the case in Lok Adalat where the parties may get entered the aforesaid compromise conforming to their desired stand. Court shall definitely accept the compromise and decree shall be get drawn accordingly.
