வக்காலத்து நாமா, வழக்கின் வெவ்வேறு நிலைகளுக்கு தனித்தனியே வாங்கவேண்டும்.

Vakalatnama and requisites thereof : In the case of Uday Shankar Triyar
vs. Ram Kalewar Prasad Singh, 2006(1)ARC 1(SC) (Three Judge Bench), the Supreme Court, expressing concern in regard to the manner in which defective
vakalatnamas are routinely filed in courts, has clarified the necessity of filing fresh
vakalatnamas at different stages of proceedings like original suits, appeals, revisions,
executions and misc.

proceedings and also the manner of filing the vakalatnamas as
quoted below : –

“Vakalatnama, a species of power of Attorney, is an important document,
which enables and authorizes the pleader appearing for a litigant to do several acts as
an agent, which are binding on the litigant who is the principal. It is a document which creates the special relationship between the lawyer and the client. It regulates
and governs the extent of delegation of the authority to the pleader and the terms and
conditions governing such delegation. It should, therefore, be properly filled,
attested, accepted with care and caution. Obtaining the signature of the litigant on blank vakalatnamas and filling them subsequently should be avoided.

The Supreme
Court took judicial notice of the following defects routinely found in vakalatnamas
filed in courts :

(1) (2) (3) (4) (5) (6) Failure to mention the name/s designation or authority of the person
executing the vakalatnama and leaving the relevant column blank.

Failure to disclose the name, designation or authority of the person executing the vakalatnama on behalf of the grantor (where the vakalatnama is signed on behalf of a company, society or body) either by affixing a seal or by mentioning the name and designation below the
signature of the executant (and failure to annex a copy of such authority with the vakalatnama).

Failure on the part of the pleader in whose favour the vakalatnama is executed to sign it in token of its acceptance.

Failure to identify the person executing the vakalatnama or failure to certify that the pleader has satisfied himself about the due execution of the vakalatnama.

Failure to mention the address of the pleader for purpose of service (particularly in cases of outstation counsel).

Where the vakalatnama is executed by someone for self and on behalf of someone else, failure to mention the fact that it is being so executed.

For example, when a father and the minor children are parties,
invariably there is a single signature of the father alone in the vakalatnama without any endorsement/statement that the signature is for self and as guardian of his minor children. Similarly, where a firm and it is partner, or a company and it’s Director, or a Trust and it’s trustee, or an organization and it’s office bearer execute a vakalatnama, invariably there will be only one signature without even an endorsement that the signature is both in his/her personal capacity and as the person authorized to sign on behalf of the corporate body/firm/society/organization.

(7) (8) (9) (10) Where the vakalatnama is executed by a power-of-attorney holder of a
party, failure to disclose that it is being executed by an attorney holder and failure to annex a copy of the power of attorney.

Where several persons sign a single vakalatnama, failure to affix the signatures seriatim, without mentioning their serial numbers or names in brackets as many a times it is not possible to know who have signed the vakalatnama where the signature are illegible scrawls.

Pleaders engaged by a client, in turn, executing vakalatnamas in
favour of other pleaders for appearing in the same matter or for filing an appeal or revision. It is not uncommon in some areas for mofussil lawyer to obtain signature of a litigant on a vakalatnama and come to the seat of the High Court and engage a pleader for appearance in a High Court and execute a vakalatnama in favour of such pleader.

The abovenoted routine defects are found as registries/offices do not verify the vakalatnamas with due care and caution they deserve, such failure many a time leads to avoidable complications at later stages.

The need to issue appropriate instructions to the registries/offices to properly check and verify the vakalatnamas filed requires emphasis.
Filing a fresh vakalatnama with the memorandum of appeal etc. will always be convenient to facilitate the processing of the appeal by the
office.