Understanding the Basics of Court Practice | Vakalat

 Understanding the basics of Court Practice | Vakalat: In this post, I will share my journey of court practice and what I learned in them. It will be helpful for students who are currently studying and wondering about insights into court

 ADVOCACY JOURNEY: VAKALAT OR VAKALATNAMA

Note: This Artice is based on The Civil Rules of Practice and Circular Orders of Tamil Nadu

Before diving into the content of Vakalat or what it looks like, we must know what is Vakalat, why it is necessary, and so on..,

Table of Content

1. What is Vakalat?
2. Appointment of Pleader
3. Form of Vakalatnama
4. Termination of Vakalat
5. A Consent for Change of Vakalat or additional Counsel

What is Vakalat?

• Vakalat is a form or legal document which gives authority for the Advocate or Pleader to appear on behalf of a Party in a suit or appeal

• The authority is given by the client to the Advocate or Pleader

• The  Advocate or Pleader on whose behalf the vakalat is executed must accept it by signing on the vakalat

• If there is more than one Advocate, then all of them must sign in the vakalat form

• The vakalat execution must be attested

• It must be filed before the court at the initial stage of a suit.

Appointment of Pleader

A Vakalatnama execution must be attested by any one of the following officers (Rule 18). It is usually done to verify the acceptance and the signature in the vakalat

i)  Any judicial officer

ii)  Any advocate or pleader, but the advocate on whose behalf the vakalat is executed cannot attest his own signature

iii)  A notary appointed under the Notaries Act,1952 or a Commissioner of Oaths

iv)  A gazetted officer or an officer belonging to Group A or Group B of  Tamilnadu as provided in G.O.Ms. 843 Personal and administrative reforms (Personal-M) Department dated 11th July 1977, as amended by G.O.Ms. No. 577, Personal and Administrative reforms (Personal-M) Department, dated 11th May 1979;

v)  A Retired Gazetted officer receiving a pension from the Government or a retired officer belonging to Group A or Group B of the Government of Tamil Nadu as mentioned in Clause (iv) supra

vi)  A retired non-gazetted officer receiving a pension from the Government who has served as a Sub-Magistrate or Additional First Class Magistrate prior to his retirement;

vii) Legislative Council or Legislative Assembly member of any state or a member of Parliament;

viii)  A Municipal Councilor:

ix) A Member of Panchayat or Panchayat Union constituted under enactments in force;

x) A Village Administrative Officer;

xi) The Manager of the Office of the Board of Commissioner for the Hindu Religious and Charitable Endowments or any Superintendent or Inspector  working under the Board; and

xii) A Sub-Registrar; must sign and mention his designation 

• in case the executing party (client) is blind or illiterate or does not know the language of the form, then the officer must certify that the vakalatnama was read, translated, or explained to such party

• in case the executing party is a public officer whose signature a court must take judicial notice, then attestation is not necessary.

• Pleader's Address for service should be mentioned in the vakalat and it must be signed by the pleader

Form of Vakalatnama

Rule 19 expresses that Form 12 of the schedule must be followed for vakalat unless otherwise mentioned by the court

• Vakalat must be dated at its time of execution and acceptance

• Before Attestation or Authentication, the pleader's name must be mentioned in the vakalat, if there is no name then authentication must not be made

• Authentication can be made even if the vakalat is not stamped

• It must be accepted by the pleader in his own handwriting

• If the party is intended to use the same pleader for different cases, then Vakalat should be filed separately for each case.

• If the party intends to add an additional pleader to the suit, then he can replace the original vakalat by executing a fresh vakalat, but it must be accepted by pleaders of the original vakalat or he can execute a separate vakalat to the additional Pleader

• If the vakalat contains more than one pleader's name, then it must be accepted by all pleaders whose names are mentioned in it.

• If the party intent to appear in person instead through a pleader, then he must first withdraw the Vakalat.

• A Government pleader need not file a written authority in each case

• A fresh Vakalat should be filed in case of Appeal.

Termination of Vakalat

• Vakalat will be terminated when the court passes the final Decree

A Consent for Change of Vakalat or additional Counsel

To change a pleader or to add an additional pleader to a suit written consent of the pleader on record ( who is handling the case) is required, if the consent is refused, the permission of the court is required.