Filling of vakalatnama

SHRIDHAR RANE (Querist) 30 November 2011 This query is : Resolved
Advocate representing plaintiff , whether he can represent defendant who admits plaintiffs claim? Under which provision and citation if any.??

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Guest (Expert) 30 November 2011
The plaintiff counsel cannot act for the defendant. It is totally barred by the advocates act.

Devajyoti Barman (Expert) 30 November 2011
In no circumstances an advocate represent both the warring parties as it involves conflict of interest.

abhishek (Expert) 30 November 2011
it cannot be permitted by any law of land

SHRIDHAR RANE (Querist) 30 November 2011
If the defendant is consenting defendant or we can say Proforma defendant in that case...?

Advocate M.Bhadra (Expert) 30 November 2011
A lawyer once engaged by executing a Vakalatnama for the Plaintiff then he can not act on behalf of the defendant also in the same suit.It is a misconduct in terms of Advocate Act.

RAJU O.F., (Expert) 01 December 2011
plaintiff's advaocate can file joint memo signed by both plaintiff and defendant for settlement of the suit out of Court, in cases both sides reach a settlement out of court.

adv. rajeev ( rajoo ) (Expert) 01 December 2011
It is not permissble to represent the defendant by an advocate of plaintiff. It is professional misconduct.

Advocate. Arunagiri (Expert) 01 December 2011
If the defendant admits the plaintiff's claim, then what is the case pending?

Shailesh Kumar Shah (Expert) 01 December 2011
No need to repeat the same as earlier said by All experts unanimously "NO".

V R SHROFF (Expert) 01 December 2011
Plaintiff's Advocate cannot file VP for defendant.

Devajyoti Barman (Expert) 01 December 2011
Dear Mr RAJU O.F.
Even in that case two separate advocate need to sign the joint memo.

sanjay (Expert) 01 December 2011
no , it hurts professional ethics

prabhakar singh (Expert) 01 December 2011
It does not sound like a query that one lawyer can represent both sides let there be any condition excepting one that few plaintiffs were arrayed as proforma defendant
due to their absence at the time of suit but relief was claimed for them too and suit was alleged to be for their benefit also.

Rajeev Kumar (Expert) 01 December 2011
Agree with the common opinion of experts

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