9911796707
TMI Blog2009 (10) TMI 707X X X X Extracts X X X X X X X X Extracts X X X X ..... cated in the said sub paras shall also be treated as a deficiency in the execution of the vakalatnama, making liable said vakalatnama to be returned. - W.P.(C). No. 7651 of 2009 - - - Dated:- 8-10-2009 - Pradeep Nandrajog and Suresh Kait, JJ. None, for the Petitioner. Shri Girish Pande and Krishnu Adhikary, Advocates with Praveen Uppal, AR(DHC), for the Respondent. ORDER Petitioner No. 1, who appears in person, has been heard. 2. The prayers made in the writ petition read as under :- (a) To issue a writ of Mandamus to Respondent No. 3 (Registrar of the Hon ble High Court, acting as Secretary of its Rules Committee) to include in the Agenda of the very next meeting of the Rules Committee of the Hon ble Delhi High Court ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ble Court may deem fit and proper under the circumstances of the case. 3. Eschewing reference to the prolix pleadings in the writ petition, crystallizing the same, the grievance of the petitioners is to the casual manner in which vakalatnamas and/or authorization are being filed by learned Members of the Bar before various Courts, Tribunals and Authorities The petitioners have highlighted instances of confusion and the process of the law being abused or trial being delayed on account of clumsy filing of vakalatnamas by learned Members of the Bar. 4. Learned counsel for the respondents do not dispute the importance of a vakalatnama filed by Members of the Bar authorizing them to act and plead on behalf of their clients. 5. Indeed, Or ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... gation. 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. We may take judicial notice of the following defects routinely found in Vakalatnamas filed in courts : (a) Failure to mention the name/s of the person/s executing the Vakalatnama, and leaving the relevant column blank; (b) 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) by either affixing a seal or by mentioning the name and designation below the signature of the executant (and failure to annex a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... atnama, failure to affix the signatures seriatim, without mentioning their serial numbers or names in brackets. (Many a time it is not possible to know who have signed the Vakalatnama where the signatures are illegible scrawls); (i) 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 lawyers 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 higher court and execute a Vakalatnama in favour of such pleader). We have referred to the above routine defects, as Registries/ Offices do not verify the Vakalatnama ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nd shall be executed by every such person. (2) Proof required when power of attorney not executed by the principal - When such appointment or power is not executed by the principal himself, but by some person claiming to appoint or give authority on his behalf, the pleader will not be recognized by the Court without proof that such person was duly authorized by the principal to execute such appointment or power . 13. We direct that henceforth while scrutinizing the vakalatnamas filed, be it in the Registry of this Court, the Subordinate Courts in Delhi or the Tribunals, Authorities and Foras in Delhi, failure/defect in the vakalatnamas, noted in sub paras a to e of Para 21 of the decision of the Supreme Court in Uday Shankar s case ( ..... X X X X Extracts X X X X X X X X Extracts X X X X
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