He can but he needs client signature on affidavit and other verification clauses. He can take the same vide notaries or power of attorney
Hi I am looking for a judgment/lawpoint which says that advocate can do filing on behalf of the client, even without client's signature, if the advocate has consent from client. It is very urgent, kindly help Thanks R
He can but he needs client signature on affidavit and other verification clauses. He can take the same vide notaries or power of attorney
That can be done through a PoA power of attorney.
An affidavit can be given by the advocate in emergency situations on behalf of the client.
Pleadings in fresh case are supported with an affidavit and can be filed by an supporting affidavit if the case and affidavit is signed and attested from oath commissioner by the client. Interlocutory applications can be filed by the advocate having vakalatnama of the client in his favor. Advocate can file the case by forging your signatures. As such, there is no judgement which says that advocate can forge the signature.
Advocate cannot do filing without client signature
An Advocate Can't Be Both Power Of Attorney Holder Of Client & His Counsel: Delhi High Court. The Delhi High Court has observed that the practice of advocates acting as power of attorney holders of their clients and also as advocates in the matter, is contrary to the provisions of the Advocates Act, 1961
this platform is only for asking general legal queries
not for specific judgments
for that you will have to engage a lawyer of your choice, pay his professional fees and request to do the legal research for you, which takes a lot of time
if there is extreme urgency the lawyer can approach the court directly without client's signature provided the lawyer has instructions from the client
this had happened when lawyer of actress Kangana Ranaut filed a writ petition without signature of her client when the municipal corporation was demolishing her bungalow and the court took cognizance of that petition and provided relief
The plaint for filing a civil suit has to be signed only by the client or his/her authorized agent, and the advocate presents it to the court on behalf of his/her client. An advocate should not, except in his/her own personal case, sign the plaint on behalf of the client.
There's no such ruling.
The client will have to depose and make signature in the Verification clause that what all depositions he has made are true and correct to his knowledge and belief. This part of the client's role cannot be played by teh lawyer.
Dear Client,
It is necessary for the plaintiff's counsel to file vakalatnama along with the plaint and the plaint has to be signed by the plaintiff.
However presentation of the plaint without a vakalatnama does not make all subsequent proceedings invalid,
However this defect can be cured under the provisions of section 99 of CPC.
The procedure for proper presentation of the plaint before the court is prescribed in the order 4 Rule 1 of CPC.
Pleadings in fresh case are supported with an affidavit and can be filed by an supporting affidavit if the case and affidavit is signed and attested from oath commissioner by the client. Interlocutory applications can be filed by the advocate having vakalatnama of the client in his favor.
In a civil suit, the presence of both the plaintiff, who files the suit, and the defendant, who is sued, is necessary. In each case there are two categories; first one is the necessary party and the other is proper party. A necessary party is one whose presence is indispensable to the constitution of the suit, against whom the relief is sought and without whom no effective order can be passed. A proper party is one in whose absence an effective order can be passed, but whose presence is necessary for a complete and final decision on the question involved in the proceeding.