Vakalatnama
Rajinder Bhatia
(Querist) 03 September 2009
This query is : Resolved
What Law says about “Vakalatnama” submitted by a Advocate in scenario like this?
(A) Advocate ‘A’ submits his vakalatnama and after sometime he is no more seen (he does not appear) in the case but the vakalatnama is still in court records there is no NOC (no objection certificate) in record and or party who engaged A has not even filled any relieving papers in court that Advocate ‘A’ services are no more enggaged by her ???
(B) Now Advocate ‘B’ joins the proceedings and he also submits vakalatnama and does the above and same way party engaging B also does above???
(C) Comes into picture Advocate ‘C’ and same above things happen.
(D) Now comes into picture Advocate ‘D’ and same things like above happens???
Now what I specifically wants to know is
(a) Are all 3 advocates whose vakalatnama is still in court records are still termed and or called advocates on record for that suit / proceedings?
(b) In a Destitution / Penury case can I draw adverse inference of the Court by stating she has 3 advocates on record plus the current one as Advocate D / 4th. ?
(c) What does Advocate Act and or Law talks about previous Advocates?
(d) Was it mandatory to withdraw Vakalatnama of by previous 3 advocates? Or was it necessary that the party who has enggaged the 3 advocates should have submitted NOC or relieving letter in court?
(e) How does Law see all these in clear picture in terms of adverse inference if any or is it acceptable?
Please advise?
Sarvesh Kumar Sharma Advocate
(Expert) 04 September 2009
Rajender ji,
if an adv. file a vak. it means adv. has been engage in to d case.
there so many advs.can file vak.but each and every adv. has responsible for their professional conduct.
an adv. has right to not pressed their vak. on sufficiant ground.
without not pressing d vak. it is duty of d adv. to represent d case before d court how evere their many adv. are also appointed.
Swami Sadashiva Brahmendra Sar
(Expert) 04 September 2009
filing vakalatnama without NOC or termination of previous advocate is a matter between client and his advocate(s) (or between his advocates interse when more than one advocate claim to argue the case). Opposite party has nothing to say in this situation. But, when a party is changing the advocates and seeks adjournments on this ground then the opposite party can draw the attention of the court to the delaying tactics of the adversery and the court may refuse adjournment (or any prayer) which is made on the ground of change of advocate(s).
Rajinder Bhatia
(Querist) 04 September 2009
Respected Tripathiji,
Thanks, Kindly suggest in the situation when the previous advocate refuses to give NOC due to the non payment of his professional fee.
Swami Sadashiva Brahmendra Sar
(Expert) 04 September 2009
Technically the client has to make an application before the court under CPC order III Rule (4) subrule (2). this rule provides that appointment of the advocate shall be deemed to exist untill determined by leave of the court on a written application of the party or advocate.
Sachin Bhatia
(Expert) 02 October 2009
Well replied by Mr. Dr. V.N. Tripathi
