• Advocate filing

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
Asked 4 years ago in Family Law
Religion: Hindu

10 answers received in 1 day.

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11 Answers

He can but he needs client signature on affidavit and other verification clauses. He can take the same vide notaries or power of attorney

Prashant Nayak
Advocate, Mumbai
34522 Answers
249 Consultations

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.

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

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.

Dalip Singh
Advocate, New Delhi
1096 Answers
36 Consultations

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

Ajay Sethi
Advocate, Mumbai
99786 Answers
8145 Consultations

Hi, As per Indian Law, the advocate can't sign on behalf of his client.

Pradeep Bharathipura
Advocate, Bangalore
5625 Answers
339 Consultations

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 

Yusuf Rampurawala
Advocate, Mumbai
7899 Answers
79 Consultations

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.

Swaminathan Neelakantan
Advocate, Coimbatore
3070 Answers
20 Consultations

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. 

 

 

Vibhanshu Srivastava
Advocate, Lucknow
9763 Answers
323 Consultations

Dear Client,

Rule 13 of Section 49 (c) of the Advocate Act does not altogether bar an advocate from filing an affidavit in the interest of the client. Whenever an affidavit is filed on behalf of his party, he assumes the role of a witness.

Thankyou

Anik Miu
Advocate, Bangalore
11014 Answers
125 Consultations

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.

T Kalaiselvan
Advocate, Vellore
89988 Answers
2493 Consultations

1. Some types of petitions can be filed by the POA holders who can be anybody including the Advocates.

 

2. In the above cases, the POA holders can sigh the petitions.

 

3. Divorce Suit etc., can not be filed by POA holders by signing in place of the Petitioner.

Krishna Kishore Ganguly
Advocate, Kolkata
27703 Answers
726 Consultations

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