This is a very unusual answer to a situation which usually occurs. The uncle could have been impleaded as a party as and when he was well enough.
This is not known. Yes it can be rectified.
Deponent moved to Opponent group
Some years back, we hired a new lawyer to handle various legal cases related to our ancestral land in the outskirts of Lucknow. The cases are related to illegal possession of our family land by our family Vazir & his family during Chakbandi in 1970-80's. All members of our family were required to give a Vakalatnama in the name of the new lawyer which was done. My uncle who had at that time suffered a stroke was unable to provide a Vakalatnama as he was immobile. Recently it came to our knowledge that the documents filed by our lawyer mentions my above uncle's name under the opponent group. This caused a problem in our family and we asked the lawyer why this was so. His explanation is as follows: Since my uncle was unable to provide a vakalatnama, & since the documents would not be legal if my uncles name was not included, my lawyer had 2 choices: 1. Wait till my uncle was able to give a Vakalatnama 2. To to proceed with the filing documents to the court & where my uncle was listed under the Opponent group. He chose the second option with the understanding that once my uncle was well enough to give a Vakalatnama, the correction could be done. My lawyer has explained that this is a regular and acceptable method to overcome issues like my uncles illness. This explanation seems very unusual to most of us and importantly my uncle refuses to believe it. Further we have no recollection of this issue being discussed with us prior to the action. I seek your opinion on whether this seems like a reasonable explanation? Is this a known / normal practice in the court of law? Can this anomaly be reversed? Thanks
Asked 6 years ago in Property Law
Religion: Hindu
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10 Answers
Your lawyer could not have appeared on behalf of your uncle as no vakalatnama was given to him
2) he could only appear on behalf of family members who signed the vakalatnama
3) your uncle would have gone un respesented by any lawyer as he suffered from stroke and was unable to authorise any one to appear on his behalf
The explanation given by your lawyer is correct.
Firstly unless some one authorizes an Advocate, he cannot represent him / her in court of law.
Now, upon recovery of health, your uncle can be brought on to your side that act is called "TRANSPOSING", subject to giving consent by your uncle and affirmation by you people.
Strange things occur in the corridors of courts in UP. What your lawyer has stated is bizarre and beyond my comprehension. It is one thing that your uncle due to physical disability was unable to sign the vakalatnama, but this does not mean that he is to be arrayed as an opponent in suit papers or in the cause title of the suit.
Vakalatnama is given at the start of the matter. The reasons given are not reasonable as per my knowledge
Hi
No this is not a normal court practice.
Get the title of the case rectified with the name of your uncle from respondent to petitioner.
Change the lawyer.
Thanks
1. Correction in plaint for changing one name from defendants to plaintiff Can be done on ground of typing mistake but your advocate should have included your uncles name as plaintiff through some other family member through POA.
2. You can ask your uncle to give POA for appearing in case on his behalf and signing the Vakalatnama then go for amendment of plaint.
If your uncle had not given vakalatnama to the lawyer then he canot be impleaded as one of the plaintiffs, however since he is a necessary party to the suit, he can be impleaded as a defendant in the suit , however there wont be any relief claimed agaisnt him through the suit , hence there is nothing alarming about it, it may be a usual procedure of law.
Dont become panic or frustrated over such routine issues.
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. Your advocate only appear behalf of who signed vakalatnama.
Personal presence to give vakalatnama dose not require. If he is unable to sign, can put thumb on vakalatnama and that you can deliver to lawyer.
Providing vakalatmana is not a big deal. Only thumb impression/sign require which uncle can do from his house.
