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pleading by third advocate

Page no : 2

bhanudassss (service)     12 August 2010

Thanks for immediate feed back. It may happen in certain situation that engaged avd may give oral instructions to third adv to plead in the matter on behalf of the client and client may or may not present.  This third advocate makes grave mistake in pleading and on next hearing engaged adv may disown the liability to avoid the damage. There may be another situation wherein the third avdvocate may plead without instruction from the the advocate engaged, to damage/improve the case.  In these two situations how the court and apposite party should react?  In both of these two situations there would nothing on record to show that particular third adv acted either under the authority of the third party or suo moto. Further how would it be proved that particular third adv. pleaded? What would be the status of the validity of the proceeding happened in that these situations?





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Ravikant Soni (LAWYER IN JAIPUR)     13 August 2010

Adv archana, 

Pleading is a different thing and appearance is another thing . They are perticularly different phenomenon. 

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Adv Archana Deshmukh (Practicing Advocate)     13 August 2010

Mr. Soni, I know the difference between pleadings and appearance. I have quoted the statute. And 'pleadings' by which you understand as plaint and ws is different and  'to appear and plead before the court' is  different.

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ANMOL VERMA (ADVOCATE)     13 August 2010

Yes by the General rules civil or criminal an advocate can brief other advocate and give him authority to represent on behalf of him.. No written authority is required but he himself to file memo of appearance in the court.

Adesh Kumar Sharma (Senior Associate Lawyer)     20 October 2010

Well my friends I just want to express my opinion that these sort of rules differ from state to state as these are framed by High Court of the particular State. Therefore rules framed by the one High Court can not be applied to other unless there is any specific provision.


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