superfast munnabhai (trainee) 29 October 2010

Difference:: Appointing a POA Vs a Lawyer

I am a Respondent in a civil suit.

I want to know differene between appointing a POA Vs.. appointing a lawyer to represent my side.

If only a lawyer is appointed by vakalatpatra,
then the lawyer....
...can also be treated as POA for the sake of marking presenty in my absence
...can also argue, represent my case on my behalf

If no lawyer is appointed, then am I allowed to appoint only POA? (i.e. 'pro-say' but with POA??)
...Is POA allowed to argue/conduct the whole thing on my behalf?

Is there any other way/options? apart from above.

Problem is as follows::

There is a genuine problem and hence I may not be able to be present personally on some hearing dates/ or for a continuous duration of around six to eight months.

But I intend to appoint only a POA for the time being atleast.

Is POA allowed to speak there?

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2 Replies

bhupender sharma (head) 01 November 2010

1.The P.O.A. holder can be apointed, the person who is acquinted with the facs, and aware about the transactions between the partie.

Vakalatnama is something dfferent, it gives the statutory power the vakalatnama holder who represents the case before the judicial or quasi judicial authority to plead the case of the parties respectively in consonence with the law and facts.

2. The POA holder can be examined as a wtiness, however the person holding the vakalatnama in his favour can not be examined as winess.

HE can be allowed with permission of the court but he does not aware about the legal tecnicallities and the respective High Court Rules apllicable.

Jamai Of Law (propra) 01 November 2010

Bhupender ji is correct.

Dont use word POA at wrong place. Also dont get confused by word attorney in there

the lawyer.......can also be treated as PROXY (and not a POA) for the sake of marking presenty in my absence...can also argue, represent my case on my behalf

Q: Is POA allowed to argue/conduct the whole thing on my behalf?

Ans: NO...

POA can only become a PROXY WITNESS as 'you' in your absence, b'cos it's assumed through the POA Affidavit that your POA knows the facts exactly the same the way as you know.