pleading by third advocate

Yes by the General rules civil or criminal an advocate can brief other advocate and give him authority to represent on behalf of him.. No written authority is required but he himself to file memo of appearance in the court.

In Criminal procedure code nowhere provided to file vakalatnama. So an advocate may represent only filing a memo of appearance.

Thanks for the reply. What would be position in above case when not even memo filed by the third advocate?

It is not fatal even if no memo filed.

Plz ask more precisely.

I differ from the opinion of Adv. Ravikant Soni regarding the filing of vakalatnama. Para 4 of chapter 6 of the criminal manual and para 658 of the civil manual are the relevant provisions regarding the same.

I agree with Mr. Soni. In civil cases, an Advocate can appear as Proxy for another Advocate.

In a criminal case, the accused is present; and the Advocate is defending him. It itself implies that he has been  authorised to do so.

Thanks vijay for supporting me.

I request Adv Archana please reproduce relevant provisions. 

Para 4 of chapter 6 of the criminal manual

vakalatnama

4. (a) Vakalatnamas shall be filed by all pleaders, as defined in the code of criminal

procedure, appearing on behalf of any part in all classes of cases, including

appeals and revisional or miscellaneous applications,in all courts in the state of

Maharashtra, provided that no Vakalatnama shall be necessary in the cases of i.

A public prosecutor appearing on behalf of Government

ii. A pleader appointed by the Court in any case to defend persons who are too poor

to engage counsel for themselves.

iii.A pleader appearing as amicus curiae ;

iv. a pleader engaged to plead on behalf of any party by any pleader who has been

duly appointed to act as a pleader on behalf of such party.

(b) When a pleader who has filed a vakalatnama for a party wishes to withdraw

his appearance, he shall serve a written notice of his intention to do so on his

client at least seven days in advance of the case coming up for hearing before the

court. Leave of the court to withdraw appearance may also be applied for if the

client has instructed the pleader to that effect. The pleader shall file a note in

writing requesting the court for permission to withdraw appearance and shall also

file along with the Note the letter of the client instructing him to withdraw his

appearnce or a copy of the intimation given to the client as above together with

his written acknowledgment by the client . The court, if it is satisfied that no

inconvenience is likely to be caused to the court or the client, may permit , may

permit the pleader to withdraw his appearance and while permitting the pleader to

do so may also impose such terms and conditions as it may deem proper either in

public interest or in the interest of the parties.

Third advocate cannot give a representation in a case on the basis of the oral instruction of the client of an another advocate who is representing them in the case, without obtaining the no objections on the valkalat from the present advocate who has already filed vakalat on behlaf of the parties.  It amounts to professional misconduct.

IN case if the advocate is unable to attend the case for the unavoidable circumstances on the date of adjournment then on the request  either by the parties or an advocate third advocate can represent the case on behalf of an advocate.

Ravikant Soni is wrong, third advocate cannot file memo of appearnace without no objections to appear from the present advocate.

Irrespective of the provisions given by the learned friends , please note that client is master and advocate is his / her agent.

No objection , memo these are just clerical formatlies and can be compied in due course.

The basic right of the client is to get justice from the administration of justice. And the SC has time and again expressed the view that the law and rules must be used for  dispensing justice and not for denial of justice.

So an advicate can appear even on oral instructions of the client or even instructions from other advocate and clerical formalities can be completed at later stage.

I appear in various courts all over the country particularly for accused in NI 138 and Sarfasi cases and I have not faced this problem any where.

In the latest incident I appeared in Hydrabad and the opponent advocate took this objection of no objection from the earlier advocate on record and the Honble Court just even did not allow to persue this argument instead directed to give response to my submissions on legal platform other than the minor formalities which can be completed in due process.