Non production of poa and non filing of vakalatnama
S.G.KRISHNAN
(Querist) 04 August 2012
This query is : Resolved
CA of respondent (orig pltff) filed affidavit 3 months ago without producing power of attorney. A new Advocate was appointed 3 months ago but vakalatnama was not filed. Appellant (orig.defendt)demanded copy of POA and inspection of original, which was not complied with. 3 times in last 3 months advocate sought adjournment to file vakalatnama bu not yet filed. My questions are: a. Can the court consider the affidavit without POA ? b.is appellant entitled to copy of POA and inspection of original ? C. Can new Advocate continue to appear without filing vakalatnama ? D. Any case law on the subject ? Kindly advise.
Devajyoti Barman
(Expert) 04 August 2012
a. yes
b.yes
c.yes for limited period only till the vakalatnama is filed.
prabhakar singh
(Expert) 05 August 2012
An affidavit is an affidavit and has to be considered accordingly,and an capacity is capacity which should be proved accordingly,and three months time is more than any thing to file any vakalatnama,after all that is not talaqnama.
V R SHROFF
(Expert) 05 August 2012
These are the loopholes in Court Proceedings, thats why Indian Courts are Slow. Matter delays. You apply for expedite the matter and ask heavy cost for each adjournment.
RAJU O.F.,
(Expert) 05 August 2012
If the new advocate is junior or representing the counsel on record, he need not file vakalathnama, since the counsel on record can depute any other counsel.
M V Gupta
(Expert) 06 August 2012
I have different view in the matter. If the Respondent (original Plaintiff) is prosecuting his case through his CA (constituted Attorney) then it is a must that the POA is produced by the CA. If the pOA is not produced u can object to the affidavit filed by the CA being taken on record, as it is unauthorized. Similarly the Advocate cannot continue to appear for the Respondent in the absence of the Vakalatnama given to him.
S.G.KRISHNAN
(Querist) 06 August 2012
Dear Experts,
Many thanks for your views/advices.
S.G.Krishnan
