Junior advocate

rathod murtza (Querist) 15 June 2024 This query is : Resolved
My opposite site senior advocate and junior advocate jointly appeared through vakalatnama in Civil court. The only junior advocate filled application under O. 7 R. 11 with his sign without affidavit of his client. Now senior advocate deny that he is not responsible for pleading of application under O. 7 R. 11 as he is not sign it. senior advocate responsible for act of his junior as they have joint vakalatnama and office.

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This discussion explores whether a senior advocate is responsible for an application filed by their junior, even if the senior didn't sign it, when both have a joint vakalatnama. The consensus is that a junior typically needs senior permission for such actions. If a junior acts without client instruction or affidavit, the client can protest and potentially file a complaint with the bar council against the erring advocate.

T. Kalaiselvan, Advocate (Expert) 15 June 2024
Whether the junior advocate has done this act on his own without the instructions of the client?
If so it is for the client to fight against this unauthorised work because it is obvious that the junior advocate has not obtained an affidavit from the party to file the petition, which is a mandatory requirement as per law.
The affected party can protest this and also can lodge a complaint agaisnt the erring advocate before the bar council if the advocate is reported to have indulged in mischief or fraud

rathod murtza (Querist) 15 June 2024
Senior advocate has fully knowledge about it and then deny it

T. Kalaiselvan, Advocate (Expert) 15 June 2024
You were suggested to lodge a complaint against the advocate who has done this mistake intentionally with the concerned bar council.
Since the senior counsel has not been involved in this petition, you cannot prove his involvement.
Are you the petitioner in this petition?
If not what is your actual problem, you can discuss so that you can get proper advise in furtherance.

Dr. J C Vashista (Expert) 16 June 2024
Junior cannot act without prior permission, consent or knowledge of Senior as both of them have executed and accepted common Vakalatnama for defending the suit.

Unbelievable statement.

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