What is a Vakalatnama? Purpose and Significance in Indian Legal System

What is Vakalatnama or Vakalat?

& quot Vakalatnama& quot is often colloquially referred to as & quot Vakalat& quot & quot Vakalath& quot or & quot Wakalat& quot in India. It is a legal document that authorizes a lawyer to represent a client in a court of law. The term & quot Vakalatnama& quot is derived from the Persian language, where & quot vakil& quot means & quot lawyer& quot and & quot nama& quot means & quot document& quot or & quot paper.& quot Vakalatnama is a written document that is given by a client to an advocate to appear and or plead before any court of law on behalf of him. It is also known as a memo of appearance, Vakilat Patra, VP. There is no mention of any particular definition of Vakalatnama in the Civil Procedure Code, 1908 as well as the Power of Attorney Act, 1882. The meaning of Vakalatnama is defined in the Advocates Welfare Fund Act, 2001 under section 2(u) “ Vakalatnama” includes a memorandum of appearance or any other document by which an advocate is empowered to appear or plead before any court, tribunal, or other authority. The holder of the vakalatnama is called a pleader, an advocate, counsel, vakil, or an attorney who is authorized to accept the vakalatnama on behalf of his client or party of the litigation. The meaning of advocate is defined in the Advocates” Welfare Fund Act, 2001 under section 2(a) “ advocate” means an advocate whose name has been entered in the State roll prepared and maintained by a State Bar Council under section 17 of the Advocates Act, 1961 (25 of 1961) and who is a member of a State Bar Association or State Advocates' Association the same meaning of advocate is mention in the advocates' Act, 1961 Under Section 2 (1) (a) Advocate” means an advocate entered in any roll under the provisions of this Act.

What is the meaning of Vakalatnama in English?

The word & quot vakalatnama& quot does not have a direct English equivalent, as it is a legal term specific to Indian law.The term & quot Vakalatnama& quot is derived from the Persian language, where & quot vakil& quot means & quot lawyer& quot and & quot nama& quot means & quot document& quot or & quot paper.& quot However, it can be roughly translated to & quot power of attorney& quot or & quot authorization letter& quot in English. It is a document that empowers a lawyer or advocate to act on behalf of a client in a court of law or in legal proceedings.

Who can authorize a Vakalatnama?

The following can authorize a Vakalatnama:

• An aggrieved person can authorize a Vakalatnama

• Anybody holding the Power Of Attorney for the aggrieved person

• Anybody representing the aggrieved person in business or trade in that jurisdiction.

• A Vakalatnama can also be authorized by a joint party in a case in order to appoint either a set of advocates or the same advocate

What are the contents of a Vakalatnama?

A good Vakalatnama should contain the following:

• The date the Vakalatnama would be executed

• The name of the case/cases in which the advocate is being appointed

• The name of the court/courts in which the advocate is being appointed

• The name of the person authorizing the Advocate/advocates

• If the Vakalatnama is not executed by the issuer in person, then a written document should support the appointment of the advocate

• The advocate's address so appointed

• The power is given to the lawyer

• Signatures of the parties

• Advocate's signature accepting the Vakalatnama
   

What are the terms under a Vakalatnama?

The following terms are applicable in a Vakalatnama:

• Regardless of a lawyer's decision, a client shall not hold him/her responsible

• All the legal costs involved in the case shall be borne by the client

• The lawyer has a right to keep the documents until all the agreed fees are paid

• At any stage of the legal tussle, the client is at liberty to disengage the lawyer

• The lawyer has the right to take any decision he/she deems fit during the hearing of the case

• A Vakalatnama is attached to the last page of a suit/plaint and it is stored alongside the court records

• A Vakalatnama does not require a fee. However, currently, the rules of the Delhi High Court requires that applicants should pay INR. 10 on what is termed the “ Advocate Welfare Stamp” which should be attached to the Vakalatnama.

• The court fee payment should be attached. The value of the court fees is usually a percentage of the claim's value of the suit. Also, the amount is clearly mentioned in the Court Fees Stamp Act.

How long does the validity of a Vakalatnama last?

A Vakalatnama is valid until:

• The death of the client or

• The death of the lawyer or

• The client withdraws it or

• A court gives approval for the lawyer to withdraw it

• The conclusion of the court case

What is the law relating to Vakalatnama under CPC - The Code of Civil Procedure, 1908?

The provision in the Code of Civil Procedure (CPC) relating to Vakalatnama is contained in Order III, Rule 1. This rule lays down the requirements and procedure for authorizing an advocate to act on behalf of a party in a civil suit. As per Order III, Rule 1 of the CPC, any appearance, application or act in or to any court, required or authorized by law to be made or done by a party in a suit or proceeding, may, except where otherwise expressly provided by any law for the time being in force, be made or done by the party in person, or by his recognized agent, or by a pleader who has been appointed by a Vakalatnama. Thus, under the CPC, a party can authorize an advocate to represent him or her in a civil suit by executing a Vakalatnama. The Vakalatnama must be in writing, signed by the party or his authorized agent, and must be filed in court. Once the Vakalatnama is filed, the advocate is authorized to appear, plead, or act on behalf of the party in the suit or proceeding.

What are the rules governing Vakalatnama for High Court?

The rules governing Vakalatnama in the Delhi High Court are specified in the Delhi High Court (Original Side) Rules, 2018. Some of the key rules governing Vakalatnama under these rules are:

• Vakalatnama must be executed in favor of an advocate who is entitled to practice in the Delhi High Court.

• The Vakalatnama must be signed by the client or an authorized person on behalf of the client, and must be presented to the court along with the pleadings or documents filed.

• The Vakalatnama must be in the prescribed form as per the rules, and must contain details such as the name, address, and contact information of the client and the advocate, as well as the nature of the case and the authority given to the advocate.

• The Vakalatnama must be filed in duplicate, with one copy being retained by the advocate and the other copy being submitted to the court.

• The Vakalatnama can be revoked by the client at any time, by filing an application in writing with the court, and serving a copy of the application on the advocate.

• The advocate must ensure that the Vakalatnama is filed in a timely manner and is in compliance with the rules, failing which the court may take appropriate action, including rejection of the Vakalatnama.

How to cancel a Vakalatnama?

There are situations whereby you no longer have confidence in your advocate and you wish to cancel the Vakalatnama in order to appoint a new advocate to keep representing you in legal disputes. Please note that it is dangerous to appoint a new advocate without canceling the exiting Vakalatnama because your previous advocate can take decisions that you will be liable for.

Advocate Chikirsha Mohanty

4.0 | 2+ user ratings Greater Kailash - 1, Delhi
5 years

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