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minsal (Jr. Advocate)     13 July 2017

Locus standi of an advocate

in a civil summary suit a lawyer filed his vakalatnama for defendant without paying sufficient court fee. the said vakalatnama is under objection even after few months and he has filed an application for dismissal of suit supporting by a judgment of Hon'ble high court that the plaintiff failed to file summons for judgment in the suit for more than six month. Does the lawyer have a locus standi to represent the defendant and to file such an application?



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 4 Replies

Arjun Kohli   13 July 2017

One can always move an application before the Court, bringing such irregularity into the light, praying for the lack of locus standi, however, given it is only a procedural irregularity pertaining to the payment of appropriate court fee, the court might be inclined to direct the concerned advocate to make up for it by payment for the rest of the court fee.

minsal (Jr. Advocate)     13 July 2017

sir,

But can he appear and defend his client with such type of irregularity?

Bespoke Legal (Advocate)     13 July 2017

Arjun Kohli   15 July 2017

Originally posted by : minsal
sir,

But can he appear and defend his client with such type of irregularity?

If this has not been corrected and the advocate has been appearing on mulitple occasions on behalf of that client, you can definitely raise a strong concern over the same as it is a mockery of the Court procedure.


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