Vakalatnama
Satya nand aggarwal
(Querist) 06 May 2015
This query is : Resolved
Very complicated legal matter
Dear Experts Please guide me
A filed a suit against B through attorney C. summons of court to c. C reported on the summons that he is not the attorney of B. ON the day fixed Counsel appeared and filed the Memo on behalf of B the only defendant. Case fixed for filing Vakalatnama and Written Statement. Counsel filed W.S signed by C on the day fixed but without any vakalatnamas and without POA of B to C. The case went as it is , the evidence of plaintiff completed and case fixed for defendant evidence. Now the mistake came to picture and the defendant wants to appear and want to file fresh w.s by engaging counsel. Worth to clear the person C earlier was the attorney of B in some other case which will be proved by the plaintiff. What is the remedy?
I.S.Roy,Advocate
(Expert) 06 May 2015
Dear Satya
First of all that you should determine the armaments in the wst is correct or not because that you also signed on that so, such mistake can be curable if any advocate signed without vakalat
with regards
I S Roy, Advocate
Dr J C Vashista
(Expert) 06 May 2015
It is your personal or professional query?
Satya nand aggarwal
(Querist) 07 May 2015
this is professional query and I am not satisfied with the w.s already filed by the previous counsel and I want of file fresh W.S. It seems either the attorney holder played a fraud or may be negligence of previous counsel. Please advise.
T. Kalaiselvan, Advocate
(Expert) 07 May 2015
First of all make your query clear. You have stated that "A filed a suit against B through attorney C." Here, whether C is the attorney of A or B?
Well even if the C was not considered to be the agent of B, what prevented B from appearing and filing written statement anytime till the mater has been posted for defence side evidence?
Now since the mistake has happened, B may give fresh vakalat to his counsel and file a petition for filing additional written statement in which he can aver the desired contents.
He can also file a POA deed in favor of C now by filing an affidavit to condone the delay in filing the same.
Dr J C Vashista
(Expert) 08 May 2015
Vague and confusing information as rightly observed by expert Sh. T Kalaiselvan, Advocate, I agree with him.
