Vakalatnama

By Floren Kesharwani 15 Minutes Read

Introduction

• The word “Vakalatnama” comes from the Persian language, where “nama” means “document” and “vakil” means “lawyer.” In essence, it gives an advocate the authority to represent a client in court by appearing and arguing on their behalf.
• “Vakalatnama” is defined in the Advocates Welfare Fund Act, 2001 under section 2(u) as a memorandum of appearance or any other document by which an advocate is empowered to appear or plead before any court, tribunal, or other authority. 
• The holder of the Vakalatnama is called a pleader, an advocate, counsel, vakil, or an attorney who is authorized to accept the Vakalatnama on behalf of his client or party of the litigation. 
• The Vakalatnama serves as a cornerstone of the lawyer-client relationship. By signing a Vakalatnama, the client confers the authority on the advocate to handle all matters related to the case, including filing pleadings, appearing in court, and making decisions related to the legal strategy.

Purpose

• A Vakalatnama serves the primary purpose of authorizing a lawyer to act on behalf of a client in legal matters.
• It formally establishes the attorney-client relationship, granting the lawyer the authority to represent the client in court, file documents, and make decisions related to the case. 
• This document ensures that legal proceedings are carried out with proper authorization and clarity regarding the roles and responsibilities of both the client and the advocate.
• A Vakalatnama makes a legal obligation on the advocate to represent the client in the court and to get him justice nevertheless the client is responsible to pay the advocate fee, which varies depending on the nature of the case.

Significance

As per Order 3, Rule 4 of the CPC a pleader can act for the party or client only on his appointment in writing by Vakalatnama. This rule was also reiterated in Nirmal Singh & Others v. Tarsem Singh & Others¹.

A Vakalatnama is not merely a legal document where you give consent for someone to act as your agent. It also empowers you to select the right counsel who will seek justice on your behalf in front of the court. 

Some salient features of Vakalatnama are as follows:

• Legal Representation: By signing the Vakalatnama, the client grants the advocate the authority to act on their behalf in court. This includes filing petitions, presenting arguments, and attending hearings.
• Formal Authorization: The Vakalatnama serves as a formal document, ensuring that the advocate has the client’s consent to represent them. It establishes a lawyer-client relationship.
• Responsibilities: The advocate becomes responsible for handling legal matters related to the case. They can file documents, cross-examine witnesses, and make submissions.
• Revocable: Clients can revoke the Vakalatnama at any time, but it is essential to follow the legal process for doing so. 

Essential Elements Of A Valid Vakalatnama 

A valid Vakalatnama should contain the following elements:

• Name of the case or cases for which the advocate has been appointed;
• Date of the execution of the Vakalatnama;
• Name of the court or courts for which the advocate is being appointed;
• Name of the person authorizing the advocate;
• Parties’ signatures;
• Type of power granted to the advocate;
• Address of the advocate;
• Signature of the advocate accepting the Vakalatnama

When Is Vakalatnama Not Required

• It was clarified in Baru Singh vs. Babu Ram Sharma² that Vakalatnama under Order 3, Rule 4 of the CPC is required to be obtained when it is filed in law courts or tribunals to enable the lawyer to plead cases on behalf of clients.
• However, a Vakalatnama is not necessary for performing legal tasks such as providing opinions, sending notices, drafting petitions, or preparing other documents.
• Filing a fresh Vakalatnama before a superior court or in a special appeal is not necessary if one was already filed before the single judge or an inferior court (M/s. Ahmad Bakhsh v. State of U.P.)³.
• Since the State acts through its counsel and the counsel is authorized to represent the State in all court proceedings, there is no need for the State Counsel to file a Vakalatnama under Order 3, Rule 1 of the CPC. As per the ruling in Deputy Collector Northern Sub-Division, Panaji vs. Comunidade of Bambolim⁴ a memo of appearance by the State Counsel is sufficient.

Government Pleader to file a memorandum of appearance instead of Vakalatnama

In every situation when the Government acts as a party on its own behalf or on behalf of the Government as it defends a claim against a government officer, as required by rule 8(1), the Government Pleader is required to provide an unstamped letter, signed by him, instead of a Vakalatnama. Who is represented in each case must be stated in this note. This type of letter should, to the maximum extent feasible, adhere to the structure outlined in Rule 9.

When Does A Fresh Vakalatnama Become Necessary

There are two ways where the fresh Vakalatnama is required to be filed:

• In the case of Uday Shankar Triyar vs. Ram Kalewar Prasad Singh⁵ The Supreme Court emphasized the necessity of filing new Vakalatnamas at different stages of legal proceedings—such as original suits, appeals, revisions, executions, and miscellaneous proceedings. This directive stems from the court’s concerns about the consistent submission of flawed Vakalatnamas in judicial settings.
• It has been held in numerous cases such as C.V. Sudhindra v. Divine Light School ⁶that a Vakalatnama is not irrevocable in nature which means it can be terminated or cancelled at any time. However, when a client needs to change the counsel representing them during a legal case, the newly appointed counsel is ideally supposed to obtain a No Objection Certificate (NOC) from the former counsel. This NOC authenticates the withdrawal of representation by the previous counsel and facilitates the smooth transfer of the case to the new advocate. Subsequently, a fresh Vakalatnama can be filed (Smt. Champa Devi vs. U.P. State Electricity Board⁷).

Validity Of Vakalatnama

The Supreme Court in Yagnapurushdasji vs. MuldasBhundardas Vaishya⁸,ruled that a procedural defect, such as the counsel’s failure to sign the Vakalatnama, should not be a ground for dismissing the appeal. The court emphasized that the counsel should have been allowed the opportunity to sign the Vakalatnama, rather than dismissing the appeal solely on this basis.

However, the validity of a Vakalatnama Ceases to exist by the following methods:

• The death of the client
• The death of the advocate
• Withdrawal of the Vakalatnama by the counsel
• Withdrawal of the Vakalatnama by the advocate, with the approval of court
• At the conclusion of the case

Key Considerations To Prevent Errors In A Vakalatnama

The Supreme Court in the case of Uday Shankar Triyar Vs. Ram Kalewar Prasad Singh⁹,  expressed concern in regard to the manner in which defective Vakalatnamas are routinely filed in courts, and also clarified the necessity of filing fresh Vakalatnamas at different stages of proceedings like original suits, appeals, revisions, executions and misc. proceedings. The Supreme Court once again took judicial notice of the same issue in Ram Kishan vs. State of U.P.¹⁰ and highlighted the following faults routinely found in Vakalatnamas filed in courts: 

1. The appropriate field is left blank and no mention is made of the name, title, or authority of the person performing the Vakalatnama.
2. If a Vakalatnama is signed on behalf of a company, society, or other entity, the executor’s name, designation, or authority must be disclosed. This can be done by adding a seal to the Vakalatnama or by mentioning the executors’ name and designation below their signatures. Additionally, the executors’ authority must be accompanied by a copy of the relevant authority.
3. The pleader in whose favor the Vakalatnama is executed fails to sign it as a sign of acceptance.
4. The pleader’s inability to verify that the Vakalatnama is being executed properly or to identify the individual carrying out the execution.
5. Neglecting to provide the pleader’s address for the purpose of service (especially when dealing with out-of-town attorneys).
6. When a party’s power of attorney is being used to execute the Vakalatnama, there is a breach of confidentiality if the attorney is not named in the document and a copy of the power of attorney is not attached.
7. When multiple people sign a single Vakalatnama, it is often impossible to identify who signed it if the signatures are unreadable scrawls. This is why it is important to affix the signatures seriatim and include the signers’ names or serial numbers in brackets.
8. A client’s hired pleaders then execute Vakalatnamas in support of other pleaders who are appearing in the same case, submitting an appeal, or filing a revision. Certain regions have seen it happen often: a mofussil lawyer will get the litigant’s signature on a Vakalatnama, go to the High Court’s seat, call a pleader to appear in court, and execute a Vakalatnama in that pleader’s favor.
9. The routine faults mentioned above are discovered as a result of registries and offices failing to verify Vakalatnamas with the attention and caution that is warranted. This failure frequently results in issues that could have been avoided later on. It is important to emphasize the necessity of giving the registers and offices the necessary instructions so they can examine and confirm the Vakalatnamas filed.
10. It will always be convenient to file a new Vakalatnama along with the memorandum of appeal, etc., to speed up the office’s processing of the appeal.

Vakalatnama Fee

The Advocate is granted full authority to make decisions independently in the court of law during hearings, always prioritizing the client’s best interest. The Vakalatnama is attached to the final page of the complaint or suit and is maintained as part of the court’s records. Although Vakalatnamas themselves do not have a fee, there are certain associated costs:

1. Advocate Welfare Stamp: In the Delhi High Court, applicants are required to attach an “Advocate Welfare Stamp” worth ₹10 to the Vakalatnama. This stamp serves as a formal authorization for legal representation.
2. Court Fee: The court fee is calculated as a percentage and varies based on the nature of the case. The specific amount is clearly stated in the Court Fees Stamp Act. When submitting the Vakalatnama, the designated advocate gains the authority to appear, enter pleas, or take any action on behalf of the party in the litigation or procedure. 

Conclusion

It is essential to understand the salient features of Vakalatnama which is a crucial document in the legal process, facilitating the formal engagement of legal services and representation in India’s legal system. It ensures that there is a clear and legal authorization for an advocate to act on behalf of their client in judicial proceedings. When a party wishes to be represented by an advocate in a civil lawsuit, they execute a Vakalatnama. 

1. C.R. No. 3791 of 2013 (O&M) ↩︎
2.  AIR1997ALL185 ↩︎
3. 1962 AIR 1621 ↩︎
4. 1996 AIR 148 ↩︎
5. 2005 AIR SCW 5851 ↩︎
6. 2008 (6) AIR KANT HCR 461 ↩︎
7. 2009 AIR KAR 5 ↩︎
8. 1966 AIR 1119 ↩︎
9. 2006 (1) SCC 75, 2005 AIR SCW 5851 ↩︎
10. 2015 ADJ 1 778 ↩︎

Floren Kesharwani