Locus standi of an advocate
minsal
(Querist) 13 July 2017
This query is : Resolved
sirs,
in a civil summary suit a lawyer filed his vakalatnama for defendant without paying sufficient court fee. the said vakalatnama is under objection even after few months and he has filed an application for dismissal of suit supporting by a judgment of Hon'ble high court that the plaintiff failed to file summons for judgment in the suit for more than six month.
Does the lawyer have a locus standi to represent the defendant and to file such an application?
R.K Nanda
(Expert) 13 July 2017
first defendant lawyer has to affix full/ deficient amount of court fee on his filed vakalatnama and then he can conduct his case in court further.
Rajendra K Goyal
(Expert) 13 July 2017
Advocate has to rectify the deficiency in the Vakalatnama.
minsal
(Querist) 13 July 2017
Sir,
can plaintiff's advocate raise an objection about locus standi of defendant's advocate as till the date his vakalatnama is under objection.
T. Kalaiselvan, Advocate
(Expert) 17 July 2017
Deficiency of court fee affixed in the vakalatnama cannot be a ground for rejection of vakalatnama by court, the court would ask the advocate concerned to rectify the same.
This cannot be fatal to his case.
