Sign of Parties in suit important or not ?
Kumar Krishan Agarwal Advocate
(Querist) 21 March 2010
This query is : Resolved
Dear Sir.
1. I am contesting a civil suit at Civil Judge [S.D] from last one 2 years. I draft the papers for my client and after that present to them read and tell them & after if agreed took the sign of my clients on each application or letter and after that deposit it before court of law.
But
The adverse party counsel move a single page letter or application without the sign of his Parties and makes his sign on application or letter only and filed it.
2. would the CPC provides exemption of not make a sign compulsory on each application of actual parties and engaging counsel is only sufficient to make his sign only and filed it before court.
Or
the actual parties also have to sign each application or letter with counsel to present before court.
3. It is wrong practice or right for not taking signs on each application in CPC and the counsel have liberty to file any paper by making his sign only on each court dates.
4. What provisions are in CPC that provides exemption of not taking signs of actual parties on application or letter and counsel have power to make his sign only on applications or letter?
Raj Kumar Makkad
(Expert) 21 March 2010
Aggarwal Ji!
Any lawyer having Vakaltnama in his favour can file applications only without signature of his party in civil matters but sign of affidavits are required from concerned person and this is as per provisions of CPC.
Gulshan Tanwar
(Expert) 22 March 2010
CPC doesnt prohibits such things and even it allows a stranger who can sign in the absence of the applicant/petitioner to sign on the affidavit. Please go through Order XIX regarding Affidavits and Oath and Secrecy Act and the concerned High Court Rules under which You are practicing.
ad. creaminall
(Expert) 22 March 2010
an advocate can file misc. application without the signature of party. but for filing suit/writtenstatement or any other affidavits, the signature of party is necessary.
Daksh
(Expert) 23 March 2010
Dear Mr.Kumar Krishan Agarwal,
I would like to request your good self to see the relevant High Court rules as to whether the unsigned unformatted pleadings can be filed and admitted across the bar. You were lawfully entitled to get copy of the same to make out what does it consists of for the purposes of requesting the Hon'ble Court not to take the same on record.
Best Regards
Daksh
