Memo is a temperory .
pratik
(Querist) 02 August 2010
This query is : Resolved
Either you can file a vakkalath or memo of apparence. Memo is a temperory arrangement. & If Memo is filed than vakkalath can be filed later there is no need to file a vakkalath if the memo is filed. Which section says the above mentioned ones.
Thanks In Adavnce.
s.subramanian
(Expert) 02 August 2010
memo cannot be filed in all cases. cpc makes it mandatory to file vakalaths in all civil cases and appeals and other proceedings before civil courts. memo is filed only in criminal proceedings before the criminal courts.
masood ausaf
(Expert) 03 August 2010
Vakalaths and Memo both are the separate things. I a party signs a vakalath and give it to the Lawyer he gives absolute powers which are mentioned therein and the same is filed in the Court by the Lawyer for further proceedings in the matter. But when due to certain reasons the party is for the time being not in a position to give the Vakalath, such he is out of city, time is very short, the authorization of the signatory is not approved by the Board etc. the party instructs its Lawyer to appear in the court on their behalf to avoid ex-parte orders/decisions/proceeding. The Lawyer appears in the court and filed a statement that he has been directed to appear by the defendant on his behalf in the case and he will file vakalath on the behalf of party, this undertaking by the Lawyer is called Memo. The Memo is only intimation to the Court and the vakalath is to be filed for further proceedings. In case vakalath is not filed the court has a right to pass any order against the defendant.
