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What is Vakalatnama?
(1) What is meaning of Vakalatnama?
Vakalatnama is a written document that is given by a client to an advocate to appear and or plead before any court of law on behalf of him.it also known as a memo of appearance, Vakilat Patra, VP.
There is no mention of any particular definition of Vakalatnama in the civil procedure code 1908 as well as the Power of Attorney Act, 1882.
The meaning of Vakalatnama is defined in the advocates” Welfare Fund Act, 2001 under section 2(u) “Vakalatnama” includes a memorandum of appearance or any other document by which an advocate is empowered to appear or plead before any court, tribunal or other authority;
Order 3 Rule 4 C.P.C. :- Appointment of Pleader:-
(1)No Pleader shall act for any person in the court unless , he has been appointed for the purpose by such person by a document in writing signed by such person or by his recognized agent or by some other person duly authorized by or under a power of attorney to make such appointment.
(2) Every Such appointment shall be deemed to be in force until determined wit hteh leave of the court by a writing signed by the client or by the pleader , or until the client or the pleader die, or until all proceeding in the suit are ended so far as regard the client.
(2) How to Fill Vakalatnama
Name of the court
Case Number and Type
Name of Parties
Name of Advocate
Terms and Conditions
Fees and payment
authority of the advocate
(3) Precautions before signing Vakalatnama ?
Client should read all the terms and conditions
client should make the payment as per the terms and conditions
Client must understand that the advocate has a right to plead on behalf of the client, appear, and file applications
Statement given by the advocate in court will be binding upon the client
(4) When Vakaltanama came into force:-
Duly signed by the client/litigant or by the power of attorney holder of the client
Duly accepted by the advocate
duly filed with the court and case number
filed before the court
(4) Who is authorized to give a Vakalatnama?
Any affected party or aggrieved person can be eligible and authorize to give a Vakalatnama.
Any authorized person can execute the Vakalatnama on behalf of the company, society or body.
Parents can be authorized as a guardian of the minor children.
A power of attorney holder of a party, can also eligible to file a vakalatnama.
.
(5) Up to when the Vakaltanma is valid or remain in force ?
The Vakalatpatra is valid until the end of the case,
Till the client is alive
till the advocate is alive
unless the same has been withdrawn by the client with the leave of the court
some other advocate appointed after seeking NOC from the advocate
.
Baru Singh (deceased by L.R.) and others vs. Babu Ram Sharm, (AIR 1997 ALL 185), the Allahabad High Court held
Vakalatnama is not required for legal work such as giving opinion, sending notices, drafting petitions or other documents
But Signed Vakalatnama is required to be obtained when it is filed in law Courts or Tribunals to enable the lawyer to plead cases on behalf of clients.
Uday Shankar Triyar v. Ram Kalewar Prasad Singh and Anr, (AIR 2006 SC 269), the Supreme Court held that Vakalatnama, a species of Power of Attorney, is an important document
which are binding on the litigant who is the principal. It is a document that creates a special relationship between the lawyer and the client.
Namish Nigotia
Advocate (Rajasthan High Court)
Jaipur
+91-9414066135
namishnigotia@gmail.com
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