vakalatnama.
Querist :
Anonymous
(Querist) 08 April 2011
This query is : Resolved
Memo is generally used in a situation where advocate appears on the behalf of respondent without submiting the vakalatnama, mentioning that he shall submit vakalatnama on the next fixed date.
Affidavit is used at the stage of evidence.
so it is allowed without the vakalatnama that a advocate of his client can present the case but vakalatnama if not submitted on the next day then what will happpen. also under CPC & Crpc where it has been written that memo is applicable for a day & than afterwords the vakalatnama can be submitted. so if the vakalatnama is submitted than the date acknowleding the vakalatnama mentioed will be of memo presenting the date or the vakalatnama presenting the date. ?
where it has been expressed in law or case law that vakalatnama can be submitted afterwords so this process is also applicable in civil cases also as it is applicable in criminal casees in any court ?
it is a major issue i seen today in city civil court ? & the issue was also raised by the plantiff advocate that the memo system is also applicable in HC & SC. ?
so i want to ask that whether any case law which says that memo process is also applicable in HC & SC .
Thank
