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Ramana (Business)     30 July 2025

Regarding vakalathnama

Hi- We have a civil case filed against us and I am one of defendant and I am residing in Dubai and court has sent 3 summons and I have sent back Power of attorney for my relative to file Vakalath and my relative also approached lawyer and has given POA and signed Vakalathnama application as well.

Now I see lawyer has not yet filed Vakalathnama and when we ask the reason he says that the court summons served is not entered in court system yet and he cannot file the vakalath.

Can anyone suggest any other ways to file Vakalath?



 4 Replies

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 )     30 July 2025

To file a Vakalatnama, your relative or lawyer typically needs to submit it to the court where your case is being heard. Given the lawyer's reason that the court summons hasn't been entered into the system yet, here are some potential steps you could take -

 *Verify Court Procedures*: Check with the court directly or consult with another lawyer to confirm the specific procedures for filing a Vakalatnama in your jurisdiction. This can help clarify if there are any additional requirements or steps needed. -

*Request an Update on the Summons*: Your lawyer could contact the court to inquire about the status of the summons and when it will be entered into the system. This might provide a clearer timeline for filing the Vakalatnama. - 

*File a Petition*: If the delay is causing issues, your lawyer might consider filing a petition to bring the matter to the court's attention and request expedited processing. - 

*Consult Another Lawyer*: If you're concerned about the delay or the handling of your case, consulting with another lawyer might provide a fresh perspective or more efficient approach. 

*Essential Elements of a 

Valid Vakalatnama:* - *Name of the Case*: Clearly specify the case for which the Vakalatnama is being executed. - 

*Date of Execution*: Include the date the Vakalatnama is signed. - *Name of the Court*: Specify the court where the case is being heard. -

 *Name of the Person Authorizing*: Clearly mention the person granting authority to the advocate. -

*Signature of the Parties*: Ensure the Vakalatnama is signed by both the client and the advocate. - 

*Type of Power Granted*: Define the scope of authority granted to the advocate. -

 *Address of the Advocate*: Include the advocate's address for service of notices. Remember to verify the specific requirements for Vakalatnama in your jurisdiction, as these can vary.³

T. Kalaiselvan, Advocate (Advocate)     30 July 2025

Your advocate is probabluy misguiding you or is not knowing the procedures. It is possible to file a vakalatnama (an authorization for an advocate to represent a party in court) even if you haven't received a formal summons, provided you are aware of the pending civil case against you. The key is that you have knowledge of the case and intend to participate in the proceedings. The main purpose of a summons is to inform a defendant about a pending case and compel their appearance in court. If you already know about the case, the purpose of the summons is fulfilled. Order V of The Civil Procedure Code (CPC) allows for situations where a party may not have been formally served with a summons but still enters an appearance and participates in the case. If you know about the case but choose not to appear or file a vakalatnama, the court may proceed with the case ex parte (without your presence). This could lead to a judgment against you without you having a chance to present your to present case. You may change the lawyer if the current lawyer is reluctant to act on your instructions.

R.K Nanda (Advocate)     30 July 2025

Change your lawyer and new lawyer will file vakalatnama in court. 

P. Venu (Advocate)     30 July 2025

Yes, the advocate is less than professional.

What is the Case No.? Which Court?


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