W.s filed thereafter exparte of one year gap without condone delay petition.
VIJAY KANTHI
(Querist) 03 September 2016
This query is : Resolved
There were 1-9 defendants in a O.S.
Out of 1-9, 1-2 filed vakalath by one counsel.
for 3-9 filed vakalath by another counsel.
on default of W.S. to file set exparte by the Court.
After one year Counsel for 3-9 defendants appeared in the court at the time of Ex-parte Evidence, filed W.S along with Set-aside petition,
Here question is he is not authorized by 1 and 2 defendants, without authorization does he could file, W.S and setaside petition was endorsed by defendant no.4
Devajyoti Barman
(Expert) 03 September 2016
The lawyer can file ws only if vakalatnama is filed on their behalf.
The court can vacate order of ex parte hearing at any time beofre commencement of trial like in your case.
VIJAY KANTHI
(Querist) 04 September 2016
For two number of Defendants were authorized another Counsel, He filed vakadoth @First hearing @the same time present Counsel also filed Vakalath for remaining Defendants, now D4 filed for all, Whether it is valid ?
VIJAY KANTHI
(Querist) 04 September 2016
Sorry some text wrongly appeared
Present Counsel who has filed WS he was authorized by only 7 defendants for 1-9 he didn't authorized, Now issue is such WS valid or not ? Please suggest remedies for protest.
Rajendra K Goyal
(Expert) 04 September 2016
Lawyer would file WS if he is lawyer of even one defendant on his behalf .
Court would decide matter on ex-party on merits.
VIJAY KANTHI
(Querist) 04 September 2016
My opinion is for whom he have Vakalath for he could file WS, without authorization for other's, How can ?
Raj Kumar Makkad
(Expert) 06 September 2016
He cannot file WS on behalf of the defendants who have not authorized him by way of Vakalath.
VIJAY KANTHI
(Querist) 11 September 2016
Thank you Mr.Rajkummar Makkad, you were rightly said and I protested same before the Hon'ble Court.
