Advocates act

jastej singh (Querist) 12 January 2013 This query is : Resolved
"A" gives power of attorney/Vakaltnama in favour of an advocate. After the case starts, A becomes unsound by mind. Will the Vakalatnama given by him as above-mentioned come to an end automatically?

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Raj Kumar Makkad (Expert) 12 January 2013
No. The Vakalathnama still holds legal.

jastej singh (Querist) 13 January 2013
Thank You so much Mr. Makkad. Can u also please help me with the enabling provision in this regard. I have gone through the Advocates Act 1961. It does not say anything about it. So, kindly inform me about the provision as well. Thanks again.

V R SHROFF (Expert) 13 January 2013
ask, only if u facing problem.

Imaginary problem have no scope here :

jastej singh (Querist) 13 January 2013
Mr. Shroff it is not an imaginary problem. If you know the answer then kindly reply but kindly do not impute un-necessary remarks. Thanks.

R.K Nanda (Expert) 13 January 2013
vakalatnama is still valid as it was executed

in sound state of mind by that person.

prabhakar singh (Expert) 13 January 2013
If you are really gone through Advocates Act,then you must have not found also any provision even about execution of a vakalatnama.

If you apply simply your ordinary prudence you shall come to know that engagement and signing of power relates to CAPACITY TO ENTER INTO A CONTRACT and shall be dealt by CONTRACT ACT.In law acts done during capacity can not go vitiated ipso facto ,on creation of a subsequent incapacity.

So would be the case here also.The matter of subsequent unsoundness of a party shall be reported by his advocate to the court,a guardian shall be sought to be appointed to act as next friend and guardian so appointed now shall have option of withdrawal of vakalatnama executed by person whose guardian he has been appointed.

It should be very clearly born in mind that
irrevocable acts done during sanity can not become void or voidable by subsequent insanity.And revocable acts could be revoked by only legal guardians through due procedure of law.

jastej singh (Querist) 13 January 2013
Thank you so much experts, especially Sh. Prabhakar ji. You have put forth the matter in very unambiguous and simple words and I have understood the concept now. Thank u so much again.