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Ramesh (student)     16 March 2013

Argument by one of advocate of a law chabers company

Dear Sir,

Kindly guide what is the system of A METRO COURT in case of   argument conducted by one of the fellow advocate by the law chamber co in DV case.

There are three partners in a law chamber company and therefore vakalatnama has been printed mentioning therein names of all the advocates .In one case vakalatnama is signed by the accused party and countersigned by the two advocates.

At the time of argument due to occupancy of the advocate who has signed the vakalatnama ware not appeared but the third one who was free and not signed the vakalatnama attended the court and argued in the matter.

Opponent lawyer has taken objection against the advocate who has argued and not signed the vakalatnama.

What will be the effect in the case?

Is there any action against the advocate who has not signed the vakalatnama but argued the case?

How the problem will be solved? Is there possible to sbmit the fresh vakalatnama by signing all the accused and all the advocate of law chamber so that the case continued from the stage it was held pending?

 



Learning

 1 Replies

Daksh (Student)     16 March 2013

Mr.Ramesh,

There are two limbs to your query.  It is the other side's Advocate who is disputing the right of an Advocate to argue the matter.  The answer lies  either the subsequent ratification by the Advocate who have signed the Vakalatnama.  Even otherwise in reply to the objection the arguing counsel could have made a statement that  he is acting on instructions of the other chamber collegue and he is appearing on behalf of the Law Firm and has mandate to appear and argue.   Coupled with this it needs to be clarified that if in case the client who has given the vakalat does not object the other side's Advocate cannot do the same as the arguing counsel has the mandate from the judge.   The objection is only a technical objection and is not sustainable.

Thanks and best regards

 

Daksh


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