What is Vakalatnama?
A Vakalatnama is a document submitted in the court authorised by the client to represent or plead before any court, hearing or other authority.
The Vakalatnama is valid till the death of the client or advocate. In Urdu language Vakalatnama means power of an attorney.
Vakalatnama is signed by the party and its lawyer, if the party is illiterate then its thumb impression is put.
In case of more than one party, all the signatures are signed on the Vakalatnama.
How is Vakalatnama filled?
Vakalatnama is the document will be presented to the court under the Advocates Act, 1961 by the lawyer to declare the consent of the applicant. Vakalatnama authorizes the lawyer to represent the applicant in the court and to be filed with appearance in court. It is a legal document and through Vakalatnama, the person on his behalf authorizes the advocate to act in the legal proceedings of the court. Vakalatnama containing the details related to the plaintiff, the defendant and the advocate, with the signature or thumb impression of the advocate and the appointment of the advocate.
Important things:
It is necessary to file any suit before the Advocate Court before it is presented by the advocate.
Vakalatnama is filed by a registered advocate only.
If the party is unable to attend for any reason, the lawyer forgives the attendance by a waiver.
The time limit for the advocacy is until the death of the client or the lawyer or till the end of the case or the cancellation by the party.
According to Order 3 Rule 4 of the Code of Civil Procedure 1908.
The name of the court to which the suit is to be filed.
Name of the party.
Full name of the plaintiff or defendant, name and full address of his father or husband or guardian.
Name of the advocate who is being appointed to appear before the court.
Signature of plaintiff or defendant (in case of more than one plaintiff or defendant, signature of all).
Signature of Advocate.
Decisions:
Baru Singh V/s Babu Ram Sharma, 1997 All L J 842
“Signed Vakalatnama is required to be obtained by an advocate from his client when it is to be filed in Court or Tribunal to plead on behalf of his client. There is no need for Vakalatnama in case of performing any other legal work like drafting, opinion etc.
Uday Shanker Triyar v. Ram Kaleshwar Prasad Singh and Anr.SC 2005
“Vakalatnama, a type of Power of Attorney, is an important document, which allows and authorizes the advocate appearing for a petitioner to do several acts as an Agent, which are binding on the petitioner who is the principal.”
About the author –
This article is authored by Prabhjot Singh, third year B.B.A. LL.B. (H) student at Galgotias University, Greater Noida.
