Filing a case in a civil court
j.r.kota
(Querist) 17 December 2011
This query is : Resolved
Dear Sir,
Can an advocate file a plaint bsaed on a vakalat given by his client to represent him in a court of law?
Iam of the view that the vakalt given by the client to the counsel is only to reprent him in the proceedings once a case is instituted in a court of law.
In other wards the plaint signed by the counsel instead of the complainants- is it a validly instituted proceedings in a court of law?
Regards
j.r.kota
Nadeem Qureshi
(Expert) 17 December 2011
Dear J.R.kota
when a Client signed a Vakalatnama after that the lawyer have all right to do any thing on behalf of his/her client in the proceeding but for client's benifits.
feel free to call
j.r.kota
(Querist) 17 December 2011
Dear Sir,
you mean to say that the complainant need not himself file the case? Does it mean that the counsel and the complainant's role are rolled in to one? As an officer of the court, how can he render impartial assistance to the presiding officer, if he completely identifies himself with the complainant and does not have an independent status from that of the party to the suit?
regards
DEFENSE ADVOCATE.-firmaction@g
(Expert) 17 December 2011
Mr Kota you given the gist even if it is not specifically worded in law.
One more point if sign the plaint or complaint and court does not object but you are responsible for malafide pleadings which are always there.
We take objection as a rule on first day for such plaints / complaints.
POWER OF DEFENSE IS IMMENSE.
Naresh Kudal
(Expert) 17 December 2011
Only on the basis of vakalatnama an advocate can not file a case. according to civil procedure code a plaint should be signed and verified by plaintiff.
See Order 6 Rule 14 of CPC.
Raj Kumar Makkad
(Expert) 17 December 2011
A Vakalatnama provides the lawyer a power to represent his client in all proceedings including filing of case, application, verification etc. There is nothing in law which may refuse lawyer to come in fray only when the litigation is filed.
Devajyoti Barman
(Expert) 18 December 2011
Yes you are right mere vokalth is not sufficient to file documents in court.
The plaint without bearing any signature of the plaintiff is no plaint and hence is liable to be rejected.
j.r.kota
(Querist) 18 December 2011
Dear Sirs/Madam,
Logic and experince tells me that mere vakalath does not entail the counsel to sign the plaint. His role starts after filing the case. May be his role should limit at this point of time to help the litigant to file the case in a court of law (managerial help).In the instant case there are 3 complainants and the State -(the defendant). The defendant is a mute spectator and is colluding with the complainant, for extraneous reasons. The out come of the judgement is likely to affect me. I am a third party. But interested in the proceedings as it would affect my interest also. The three complainants have given a vakalath to an advocate. On the same day the advocate filed the complaint in the court under his signature. The sworn affidavit accompanying the complaint is signed by one party on her behalf and two sworn affidavits on behalf of the other two complainants. Even the in the sworn affidavit the preamble mentioning who is signing the affidavit on whose behalf is wrongly typed and over written but not counter signed or/and the notary who notarised the affidavit has not mentioned the number of mistakes in the affidavit. May be for the notary the overwriting is not a mistake needing to be noted. The signatures of the three parties - one would not know whether they are genuine or done by some strangers to the suit. At least one party is abroad and is not clear on the day he has supposedly signed the vakalath, is actually in India or not. All the three are related to each other as brother and sisters. The date of signing the vakalath and the date of sworn affidavit and the date of filing of the case in the court are all one and the same. Now logic tells me if the complainant could sign the vakalath on a particular day and that day also hppens to be the day of making the sworn affidavit and also filing of the case in the court, what prevented them to sign on the complaint and the sworn affidavit individually. As the respondent is the State and since they were managed, all of them colluded together and saw to it proper notices were not issued to likely affcted parties and got the judgement in the way they wanted in a hush hush manner. All this has become public knowledge now becuase there is a family dispute in the complainant family.With out meaning any offence to the advocate community I have personal experience how one advocate tries and protect the other brother advocate. In the instant case in private they agree to my view point but when it comes to acknowledging in public the attitude is different. In the above scenario can I make the counsel of the complainant also a party to the legal proceedings, since he has himself not made a distinction between himself and the parties and alligned totally with the Party to the dispute? Some body was telling I cannot? I was told at the most after the case is over I can only lodge a complaint with the bar association. But my immedicate priority is to get the case re opened and fight it. The higher court has accepted my application to be impleaded and for re opening.
regards
j.r.kota.
a.manoharan
(Expert) 18 December 2011
I agree with Naresh
Guest
(Expert) 19 December 2011
Mr Kota i understand that to somewhat extent you being affected. first of all the vakalat is a General power of attorney. an instrument to do what is authorised by client. The advocate merely acts as agent and the principal is the client. Agent cannot be sued for the acts done by principal. If you make allegations against an advocate in a proceedings the court will not take it for adjudication. Only the bar council of india has authority.(that too in professional misconduct)(between client and advocate)
Guest
(Expert) 19 December 2011
Although vakalatnam provided by the client vests power on the advocate on his behalf, but in all his fairness, the advocate should not act at his own unless the original plaint is signed by the client after due discussion about the case and filed in the court of law. The advocate cannot be presumed to have all the background and knowledge about the case, unless that is presented in black and white before his client and signed by him to be filed in the court of law.
j.r.kota
(Querist) 19 December 2011
As Mr.Ganeshan says that the vakalath is equivalent to a power of attorney, then what is the difference between thr two.
Advocate. Arunagiri
(Expert) 19 December 2011
POA is steps into the shoes of the Plaintiff, but, the Advocate will plead on behalf of Plaintiff.
POA will sign as plaintiff. Advocate will sign as counsel for plaintiff. etc.
