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jaivish   28 October 2017

Vakalatnaama is compulsory to be filled for all parties ??

A case is filed under Code of Civil Procedure , under section 26.

In respondent there are 8 parties.

On first date Vakaltnaama was filled by only 2 parties from respondent.

So my question is ,  is it compulsory to file Vakalatnama for other 6 parties from respondent ?

If other 6 parties from respondent will not file Vakaltnaama then then whethe the matter can be proceed for next stage or not ??

Please guide urgent.

 

Thanks in advance.



Learning

 4 Replies

SHIRISH PAWAR, 7738990900 (Advocate)     28 October 2017

Vakalatnama is authorisation of parties to Advocate to conduct the proceedings before court. In your case only 2 parties appointed advocate so vakalatnama signed by 2 parties. If the notices are served court can proceed against other Respondents.

jaivish   28 October 2017

notice was served to all

But Vakalatnama was not filled by other 6 party then what will be the effect against these 6 party?/

Vijay Raj Mahajan (Advocate)     28 October 2017

The case will proceed ex-parte against 6 others if they are served with court notice to appear and defend their case and if they fail to appear in person or through their counsel/advocate with their duly signed Vakaltnama.

Siddharth Srivastava (Advocate)     28 October 2017

Respondent can appoint an advocate to contest the case on their behalf, hence, all the respondents have to file vakalatnama but it is to be noted that if either respondent contests their case on their own then no vakalatnama is required to be filed. If the party neither file vakalatnama nor appear then the court may proceed such party exparte. 

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