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Jamai Of Law (propra)     23 September 2011

Can an adv sign on a app for client and not client himself?

Can an Advocate sign on 'behalf of his client' on an Application/Say etc and not client signing himself?  .................... Even though the party is also present in the court 

 

 

Even in the presence of the party himself in the court for the proceedings....his lawyer is making and applications/says and the lawyer himself signing on the same!!!!

 

 

In such a case, Can that  party deny, in future, about the contents of the same say/Application' which was prepared and signed not by the party and but by the party's advocate although the party was present there in person.

 

 

More importantly .............. Can opposite party raise objection on this that party is not signing and his lawyer is signing on the 'say(s)/app(s)' everytime even though party is a well educated young person and literate?

 

Does Vakalatnama give such powers to advocate automatically? .............

 

Or it is a loop hole the other party is creating in the proceedings so that party may in future deny that party knwe about the applications and says and contents therein.

 

 

Vakalatnama is not to contrued as POA by default which gives the signing authority to advocate on app/says in court proceedings.

 

 

Please advise on above doubts

Thanks



Learning

 3 Replies

adv. rajeev ( rajoo ) (practicing advocate)     23 September 2011

Some times advocates use to file IAs i.e., applications along with memo of facts.  This can be done, but when the party is present he need not to do so.

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     23 September 2011

Read the Vakalatnama, the lawyer can do a lot of things alongwith filing on behalf of the client.

 

Regards,

 

Shonee Kapoor

harassed.by.498a@gmail.com

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com)     30 September 2011

Dear Friends

when a client sign a vakalatnama then the ADVOCATE  have full power to do anything in the favour of his client within law not illigal


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