Is vakalat a must for an advocate to appear for someone
Querist :
Anonymous
(Querist) 14 December 2011
This query is : Resolved
Hi,
It is a case of mutual divorce petition. My signatures were obtained by force. This case has gone to the highcourt for quashing of the OP,but got disposed as the original OP in the lower court was dismissed due to non appearance of party. What I would like to know here is a vakalatnama required to be signed for an advocate to file a petition on our behalf. I'm asking this query because I do not remember them taking my signature on the vakalat. Also I would like to know the process for getting a copy of the vakaltnama with out engaging an advocate.
Regards
M.Sheik Mohammed Ali
(Expert) 14 December 2011
in further proceedings the advocate need it, so must to want vakalat.
A V Vishal
(Expert) 14 December 2011
Vakalatnama
•A person / party filing a case, May also represent their own case personally in any court.
•However, due to lack of knowledge of Law and Technical Procedures, Lawyers are engaged to report the interest of parties.
•" Vakalatnama", is a document, by which the party filing the case authorises the Advocate to represent on their behalf.
•Vakalatnama is affixed on the last page of plaint / suit and is kept alongwith court records.
•No fees are required to be paid on it. However, nowadays, Delhi High court Rules require, a 10 Rupees. "Advocate Welfare Stamp" to be affixed on the Vakalatnama.
V R SHROFF
(Expert) 14 December 2011
You are a Party to Petition. So you have right to apply and get certified true copy of all documents, Petition , vakalatnama & order.
So get true copy, the matter will be clear.
Advocate cannot file VP without your consent and Signature, nor appear on oral instructions in Divorce Petition. Both the Party must be present before Court to file Petition u/s 13B, and both have to File Affidavit, signed before Court Officials, in presence of Advocate who identify you. This is the normal procedure for Divorce u/s 13B.
Adv Shroff
14-12-2011
V R SHROFF
(Expert) 14 December 2011
You may directly approach Court, and inspect your Divorce Petition.
Confirm it is signed by you, or someone forged your Signature??
ashutosh mishra
(Expert) 14 December 2011
Vakalatnama also called power is an instrument dully signed by a party in favor of his advocate to appear in the court in his case to do whatever is required to be done on party's behalf.To get it filed in court a court fees of 1,50/=is payable thereon in addition to Advocate's Welfare Stamping[in u.p.].
Without this power the court may refuse to entertain the advocate as representative of the party either sou motto or on objection of opposite party.
ajay sethi
(Expert) 14 December 2011
yes vakaltnama is necessaryfor advocate to file petition on your behalf . you can take search of court records to find whether vakaltnama has been duly signed by you in fvaour of advocate or not
Ajay Bansal
(Expert) 14 December 2011
Tell full facts and cicumstances of this matter to me at my e-mail i.d without delay advocateajaybansal@yahoo.co.in. If a fraud has been played with you in respect of court's proceeding, then you have several remidies against your opposite party alongwith its helper.
Advocate. Arunagiri
(Expert) 14 December 2011
Some of the advocates are filing the vakalat by forging the parties signatures. It may be your case also.
However you can check the court records. If you see any forged signature, you can complain to the Judge on that.
Shonee Kapoor
(Expert) 15 December 2011
Yes, it is must, rest I agree with experts on most issues which they have clarified.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
Shailesh Kr. Shah
(Expert) 15 December 2011
Engage another advocate, get case details.
DEFENSE ADVOCATE.-firmaction@g
(Expert) 14 December 2011
