Adv name not in vakalath
GANGAM.RAJENDER.
(Querist) 26 November 2013
This query is : Resolved
dear expert ,
sir the ni act 138 case had been registered in the year 2007 upon the society (cc 238/07 DIST karimnager ANDHRAPRADESH). CASE STATUS IS APPEARING STAGE ONLY.
since three years the senior advocate has not representing the case ,he is only signed in the vakalath.
but his junior representing the case,his sign is not in the vakalat.
Q1. EVERY TIME JR ADVOCATE HAS BEEN FILING THE PETITIONS WITH OUT CONSENT OF HIS SENIOR ADVOCATE.SENIOR ADVOCATE NOT INTERESTED IN THIS CASE.JR HAS ANY RIGHT TO FILE PETITIONS. (WITH OUT SIGN IN THE VAKALATH)
Q2. OPPOSITE PARTY ADVOCATE HAS ANY OPTION TO FILE OBJECTIONS IN THE HON'BLE COURT.CAN WE TAKE ANY LEGAL ACTION AGAINST THE JR ADVOCATE SIR.
Q3.CAN WE APPLY PETITION TO STOP THE PROCEEDINGS ACCORDING TO SECTION 258 OF CRPC SIR. WEATHER IT IS ADMITTED OR NOT SIR.
IF ANY SECTION REGARDING THIS ISSUE PLS GIVE ME SOLUTION SIR.
Ms.Nirmala P.Rao
(Expert) 27 November 2013
Please approach a District Lok Adalat for settling the matter amicably and speedily and attain legal validity , enforceability and finality under if the opposite party is willing under Legal services Authorities Act.If you wish to thank me for this reply please click the thank you button on my profile.
ajay sethi
(Expert) 27 November 2013
OP can raise objections that vakalatnama is not in name of junior advocate . after your objections the accused will file joint vakalatnama. better concentrate on merits of case
DEFENSE ADVOCATE.-firmaction@g
(Expert) 27 November 2013
This is a serious issue but since you being an advocate you may also face same music some time or other.
For IN PERSON litigants this will be golden opportunity to derail the whole case.
Rajendra K Goyal
(Expert) 27 November 2013
OP should raise objection. Let the Junior Advocate file the Vakalatnama.
Thyagarajan
(Expert) 27 November 2013
Judge will be interested in what is in petition filed.Where as the bench clerical staff will them self object if a third party other than who signed vakalatnama tries to file papers.
As Expert Mr. Ajai Sethi has said get to know what is in petition and prepare your counter.
T. Kalaiselvan, Advocate
(Expert) 27 November 2013
A senior cannot attend all the courts simultaneously for representing the cases. In a senior office, the juniors will be allocated with particular work or court and they will keep representing their seniors till the end. If you have an allegation against a junior in his attitude in handling the case or if you suspect that the particular advocate is no more a junior to that senior or the junior is upto some malpractice in this case, then you can object accordingly. In my case I have entrusted my works to some of my juniors who take care of the entire trial work including the arguments in certain cases but nobody has signed a joint vakalat and once a junior is recognised by his office the court staff or the judges too donot object the juniors appearance on behalf of their seniors and I hope this cordiality is prevailing almost in every place.
T. Kalaiselvan, Advocate
(Expert) 27 November 2013
A senior cannot attend all the courts simultaneously for representing the cases. In a senior office, the juniors will be allocated with particular work or court and they will keep representing their seniors till the end. If you have an allegation against a junior in his attitude in handling the case or if you suspect that the particular advocate is no more a junior to that senior or the junior is upto some malpractice in this case, then you can object accordingly. In my case I have entrusted my works to some of my juniors who take care of the entire trial work including the arguments in certain cases but nobody has signed a joint vakalat and once a junior is recognised by his office the court staff or the judges too donot object the juniors appearance on behalf of their seniors and I hope this cordiality is prevailing almost in every place.
Thyagarajan
(Expert) 27 November 2013
I agree with Expert Mr. Kalaiselvan.When the judges or court staff are aware so and so is appearing on behalf of seniors usually, they do not insist on formalities. May be in you case too the feelings are so.
You can not expect judges to take legal action against junior. but you can insist the junior should not go beyond the points raised by the senior in the initial petition.
DEFENSE ADVOCATE.-firmaction@g
(Expert) 28 November 2013
Well the courts neglect does not mean it is legal.
No person can appear before any court without proper legal authority.
And apart from law it is not binding on the party and so detrimental to the interests of the opponent.
