ASSIGNMENT NO:- 23

INTRODUCTION

As per Advance Law Lexicon Vakalatnama includes memorandum of appearance or any

other document by which an advocate is empowered to appear or plead before any court,
tribunal or other authority.

A Vakalatnama is not defined either in the Power -of- Attorney Act, 1882 or in the Civil
Procedure Code, 1908. A Vakalatnama is the document empowering a lawyer to act for and
on behalf of his client. A Vakalatnama under which a lawyer is empowered to act may be
general. it may specifically confer wide authority upon a lawyer.

A lawyer holding a Vakalatnama can hardly be said to be a person without authority. The rule
of construction a document appointing an agent is different from that of construing a
Vakalatnama appointing a counsel.

A pleader is defined under section 2(15) of the Civil Procedure Code, 1908, as follows-

“Pleader” means any person entitled to appear and plead for another in Court and includes an
advocate, a vakil and an attorney of a High Court.

Though in a sense a Vakalatnama is a power-of-attorney, in the matter of construction, courts

have drawn a distinction between the two and in the application of the principles of
construction, most of the courts while interpreting a power-of-attorney strictly have
interpreted a Vakalatnama liberally so as to infer the conferment of large and wide powers on
the counsel.

In Baru Singh V/s Babu Ram Sharma 1, Court stated that “Signed Vakalatnama is required to
be obtained by a lawyer from his client when it is to be filed in Law Court or Tribunal to
plead on behalf of his client- No Vakalatnama is needed for performing other legal work viz.
giving opinion, sending notices, drafting petition or other documents.- No lawyer is under
legal duty to obtain a signed Vakalatnama from his client for performing any legal work, say,
giving opinion, sending notices, drafting petitions or other documents. A signed
Vakalatnama, however, is required to be obtained when it is to be filed in Law Courts or
Tribunals where the law requires such documents to be filed to enable the lawyer to appear
and plead cases in Courts and Tribunals on behalf of his client executing the Vakalatnama is
1
1997 All L J 842
his favour”.

IN THE COURT OF CIVIL JUDGE AT NEW DELHI

SUIT NO. 23 OF 2020

In the matter of :

Ashwin Soni …Plaintiff

VERSUS

Ayush Nema ..Defendant

KNOW ALL to whom these presents shall come that I Ashwin Soni the abovenamed Plaintiff
do hereby appoint MR. Mohammad Arish Advocate, having office at 22, Block B, Lajpat
Nagar, New Delhi herein after called the Advocate to be my advocate in the above noted case
and authorize him:-

1. To act, appear and plead in the above noted case in this Court, or any other Court to
which the same may be transferred, or the Court where the same may betried or heard
and also in the appellate Courts.
2. To accept notice/process of Court on my behalf.
3. To sign, file and present all pleading, replications, rejoinders, appeals, cross-
objections, petitions, counter affivadits, objections, affidavits, applications, including
applications for execution, restoration, withdrawl and and compromise, or such other
petitions or affidavits or other documents as may be deemed necessary or proper for
the prosecution of the said case in all its stages.
4. To file and take back documents.
5. To withdraw or compromise the said case.
6. To take out execution proceedings.
7. To deposit, withdraw and receive moneys, cheques and other instruments and grant
receipts therefor.
8. To do all other acts and things as may be deemed necessary or required to be done in
the course of prosecution of the said case.
9. To appoint and instruct another advocate(s) and authorize him/her/them to exercise
the powers and authority hereby conferred whenever the Advocate(s) may think fit to
do so and to sign a power of attorney on my/our behalf for the said purpose.

And I do hereby agree to ratify and confirm all acts done by the Advocate or his
substitute in the matter as my/our own acts, as if done by me/us to all) intents and
purposes.

And I the undersigned do hereby agree not to hold the Advocate(s) or his substitute
responsible for the result of the said case.

And I the undersigned do hereby agree that in the event of the whole or any part of the
fee agreed by me/us to be paid to the Advocate remaining unpaid he shall be entitled
to withdraw from the prosecution of the said case until the same is paid up.
IN WITNESS WHEREOF I do hereunto set my/our hand to these presents this the 5 th
day of April, 2020.

Accepted subject to terms of fee.

MOHAMMAD ARISH ASHWIN SONI

(ADVOCATE) (CLIENT)

ENROLLMENT NO. D/87/2019 DESIGNATION