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RAJAMALLAIAH (Inhouse Attorney - Brand Protection)     25 February 2012

Revocation of vakalatnama

Can a Defendant revoke the authority or vakalatnama of existing Advocate and appear on his own to sign the CONSENT TERMS and close the suit proceedings of original side at Hon'ble Bombay H.Court. 

Kindly give your expert feeb back with proceedure to be followed, if any, with Registrar / Hon'ble Court.

rajamallaiah cirumalla



 5 Replies

pratik (self working)     25 February 2012

good question even i also want to known.

N.K.Assumi (Advocate)     25 February 2012

You engaged your advocate because the plaintiff filed case against you: and since you have found a safe passage from your present yoke by mutual understanding with your opponent, you want to say farewell to your advocate, is it fair. Of course, you can revoke the Vakalatnama by giving notice to your lawyer if you are not satisfied with his performance, but in the present case you better asked your lawyer to obtain consent decree from the court as mutually decided between you and the plaintiff, without having to revoke the vakalatnama. It is not healthy practise to blow hot and cold with your lawyer.

1 Like

RAJAMALLAIAH (Inhouse Attorney - Brand Protection)     25 February 2012

THANKS  A LOT Assumijeee.  Safe passage of mutual consent is not the reason for revoking vakalatnama

In any event, kindly elaborate if the defendant also need to complete some formalities with Registar at Bombay High Court  and / or the Advocates  personal presence in court to give his consent or an NOC is required to be placed on record.

Thanks Again.

N.K.Assumi (Advocate)     26 February 2012

He is representing your interest and he cannot go against your interest.If you don't want to go for compromise he can not forced you to do that vice versa. Talk with your lawyer he will take care of the rest.

AKSHANSH SINGHAL (ADVOCATE)     26 February 2012

It is pertinent to mention here that compromise cannot be file without the written application and consent thereon. Also as per my knwoledge and beleive the person -"direct party" can do so. Even in the case of strikes by advocates the parties themselves sign and proceed in there matter and they are at liberty to argue as well.

Advocate is just the representative of there clients & they can act as per the law.

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