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bhanudassss (service)     30 July 2010

Can Adv without vakalatnama represent other Adv in case?

An advocate filed a vakalatnama in a case and remains absent for hearing making other advocate to get adjournment or file documents. Now question is whether this other advocate without vakalatnama in the case has right to get adjournment or to file documents without consent of the opposite party? Can opposite party stop him from doing so ? Please let me know the respective legal provision or case law also.

 

bhanudassssssssss



 25 Replies

Sangeeth (Advocate)     30 July 2010

I dont think there is any irregularity in an advocate without his Vakalath representing for the advocate having one. This is commenly practised throughout India. An advocate having Vakalath will not be able to be present for each one of his case. the person representing should have the consent of the advocate having vakalath. And more over he can only represent or conduct the case for the person having vakalath but he cannot give any thing in writting with his signature attested to it. He can produce documents with a petition signed by the advocate having vakalath

1 Like

Daksh (Student)     30 July 2010

Bhanudassss,

There is nothing wrong if the another Advocate acts on request/instruction of an Advocate whose Vakalat is on record.  Only thing which he need to ensure is that while giving his appearance or before appearing in the matter he should state across the bar that he is acting on instruction of his fellow collegue/bretheren Advocate.

Best Regards

Daksh

2 Like

Ayub S. Pathan (Legal Adviser)     30 July 2010

Mrrrrrrrrrr. Bhanudassssssssssss,

Go through Civil and Criminal Manuals, you will find answer. By the way it is just

an authorisation from one advocate to another, Which is legal. So no problem

for an advocate to represent another unless the client authorising the former has the objection for later.

1 Like

V.Gopinath (advocate)     31 July 2010

There are a number of rulings by various High Courts in this matter confirming that a lawyer can represent on behalf of another lawyer. Refer to the ruling reported in

AIR 1997 Bombay 126

V.GOPINATH

ADVOCATE, SALEM

TAMILNADU

 

Arup (UNEMPLOYED)     01 August 2010

OFFICIALY IT IS ILLIGAL, BUT SOME ADVOCATES DO THIS PRACTICE.

Adv Archana Deshmukh (Practicing Advocate)     01 August 2010

Arup ji, it is perfectly legal for an advocate to appear on behalf of other advocate to seek an adjournment or conduct that days proceeding with a written authorisation from the advocate who is duly appointed by the party. And there is nothing uncommon about it. There is provision in the civil manual about it in para  652, I am pasting  the relevant portion of it---

 

652. (1) No Advocate shall act for any person in any Court unless he has been

appointed for the purpose by such person by a Vakalatnama in the form annexed hereto

and signed by such person or by his recognised agent or by some other person duly

authorised by or under a Power of Attorney to make such appointment.

(2) No Advocate who has been engaged for the purpose of pleading only shall

plead on behalf of any party unless he has filed in Court a memorandum of appearance

signed by himself and stating (a) the names of he parties to the suit, (b) the name of the

party for whom he appears and (c) the name of the person by whom he is authorised to

appear :

Provided that nothing in subrule

(2) shall apply to any Advocate engaged to

plead on behalf of any party by another Advocate or Attorney who has been duly

appointed to act in Court on behalf of such party :

2 Like

DR.SANAT KUMAR DASH (Eye Specialist)     15 August 2010

WHETHER     A         GOVT.P.P.       APPEARING       FOR      A    PUBLIC   OFFICER   ( OPP.  PARTY )   IN    A    CONSUMER    COURT     WITHOUT      FILING    VAKALATNAMA   &      DID   NOT   APPEAR   ON   THE    DAY    OF   HEARING      AND     SEND    ONE      APPLICATION      FOR    ADJOURNMENT      WITH    A  PLEA    THAT    HE    HAS    GONE    FOR   HIGH   COURT   WORK.      IN   SUCH   CASE    ADJOURNMENT     CAN    BE     ALLOWED     WITH    COST    OR     WITHOUT   COST???     MY   LEARNED    LAWYERS....PLEASE    SUBMIT    SOME    CITATIONS   OF      ANY     HIGH    COURTS    OF    INDIA    OR       THE      APEX    COURT.  

Sh. P Suresh (For To By Green Kindness Perpetuity Selfsustainability Always)     30 March 2011

This reply does not address an important issue in the original question: "Can this proxy get an adjournment WITHOUT THE OTHER PARTY'S WRITTEN CONSENT?' If so, what is the relevant law?

 

Two more important points are being added to the main question itself: 1) Can a person suddenly claim to be a PROXY at the time of hearing (i.e. not even the authorised advocate) for the case when that case is not represented by any counsel in the cause list?   2) Can such a UNSCHEDULED STRANGER who suddenly claims to be PROXY, all AT THE TIME OF COURT PROCEEDINGS ask for an adjournment when the other party has not consented for it?

Arun Bansal (Soliciter)     30 March 2011

i fully agree with Madam Archana .its very common thing in our routine work we always used it by saying appearance by proxy counsel

1 Like

Kirti Kar Tripathi (lawyer)     30 March 2011

 

Usually, when an advocate represent another advocate, he represent him as his brief holder. However, it appears, you have not gone through the contents of Vakalatnama, in which the client has specifically gives, an authority to engage another counsel in his place. Thus your observation has on ground.

 

1 Like

Sh. P Suresh (For To By Green Kindness Perpetuity Selfsustainability Always)     31 March 2011

Dt: Mar 31, 2011

Dear All,

The issue is about being fair to all parties. The party whom the counsel represents has no trouble due to action by such sudden PROXY withouteven being listed. So the issue of vakalatnama having consent of his/her client to have another advocate is not the point of contention at all. It is the question of being fair to the other side of these counsels. This other side also should have consented. It is worth recall that ADJOURNMENT per se involves all parties.

Thank You,

P. Suresh

R Trivedi (advocate.dma@gmail.com)     28 March 2012

I think the original question is... Can another advocate appear in absence of the original vakalatnama holder advocate  without any written authorization ?

 

Practice: It happens all the time.

Legally: If opposing party raises objection, then this proxy advocate has to get the fresh vakalatnama in his favour or organise the authorisation from the original advocate.

It is not at all fatal to the case as Vakalatnama can be filed subsequently also. The point is so much adhockism is happening in lower courts, that no one bothers on these issues. 

sinuvasu (advisor)     31 March 2012

to seek an adjornment or passover its nothing illegal.Even receving or providing documents/written statement etc is not illegal, but if any arguments/explanation is there then it become mandatory to provide a memo of appearence to the presiding judge.

R Trivedi (advocate.dma@gmail.com)     31 March 2012

No law makes it legal that any proxy advocate without authorisation can appear before the court and take part in the court proceeding in whatever manner.

 

In practice many a times junior lawyer appears before the court and takes date, which has become a norm. I have seen many a times some new senior and unassociated lawyer appears, before the court, in such cases he/she has to have the permission of the court, authorization from the original lawyer or Vakalatnama with NOC from the original lawyer. Objection can be raised in such matters, but it is not fatal to the case.


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