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N.K.Assumi (Advocate)     28 April 2009

Withdrawal of Vakalatnama:

If both the advocate and his Client came to a conclusion that it will be in the interest of the client and in the interest of Justice, that the advocate should withdraw his vakalat, not for appointment of another advocate but compelling circumstances arises in the interest of the Client and in the interest of Justice, is it necessary or mandatory that such withdrawal should be with the leave of the Court, inspite of clear Notice being given by the Counsel to his Client under the Advocates Act.

Thanking you all in advance.


 4 Replies

yogita (student)     28 April 2009

At anytime during the course of the legal suit in any Court, client can ask to withdraw vakalatnama and can appoint an advocate of his choice. If any advocate wants to withdraw, he must get the appropriate permission from the Court as well as he must communicate the same to the client in writting and get the acknowledgement from his client. If advocate fails to do so client can file a complaint with the association/bar and also initiate legal action.


N.K.Assumi (Advocate)     28 April 2009

It is not that the advocate wants to withdraw nor the client wants the advocate to withdraw, but compelling circumstances compell both the advocate and the client that the advocate should withdraw the Vakalat, and with this understanding the Advocate gave notice to the Client Notice of withdrawal of Vakalat: In this circumstances should it be with the leave of the Court? Is it not that  Notice of withdrawal of vakalat by the Advocate to his Client enough in the matter?

Swami Sadashiva Brahmendra Sar (Nil)     28 April 2009

kindly refer to order III rule 4(2)of CPC : appointment of advocate "shall be deemed to be in force until determined with the leave of the court....". in my opinion leave is necessary.

N.K.Assumi (Advocate)     29 April 2009

Thank you all of you for the valuble contributions in the matter:

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