Wednesday 21 August 2024

In Civil cases the appointment of an advocate shall be deemed to be in force to the extent provided in that behalf by Rule 4 of Order 3 of CPC

 

Rules made by the High Court under Section 34 (1) of the Advocates Act. 1961
R.O.C. 27/SO/71:   Rule (1)  In civil cases the appointment of an advocate. Unless othenvise limited, shall be deemed to be in force to the extent provided in that behalf by Rule 4 of Order 3 of the Code of Civil procedure. 1908.

Order 3 Rule 4 of CPC. Appointment of pleader.

(1) No pleader shall act for any person in any Court, unless he has been appointed for the purpose by such person by a document in writing signed by such person or by his recognised agent or by some other person duly authorised by or under a power-of-attorney to make such appointment.

(2) Every such appointment shall be filed in Court and shall, for the purposes of sub-rule(1), be deemed to be in force until determined with the leave of the Court by a writing singed by the client or the pleader, as the case may be, and filed in Court, or until the client or the pleader dies, or until all proceedings in the suit are ended so far as regards the client.


Rule 30 of Civil Rules of Practice 

CHAPTER-III Advocates and Recognised Agent 

30. (19) Form of Vakalat:- Every Vakalat shall unless otherwise ordered by the Court, be in Form No. 12 and shall authorise the Advocate to appear in all execution and miscellaneous proceedings in the suit or matter subsequent to the final decree or order passed therein. 

Form of Vakalath prescribed in Civil Rules of Practice.

FORM No.12 Rule 19

 – Vakalat (Cause-title) I do here by appoint and retain-to appear for me in the above Original……………………… Miscellaneous Petition and to conduct and prosecute (or defined) the same and all proceedings that may be taken in respect of any application for execution of any decree or order passed therein. I empower any vakil to appear in all miscellaneous proceedings in the above suit or matter till and decrees or orders are fully satisfied or adjusted and to obtain the return of documents and draw any moneys that might be payable to me in the suit or matter and I do further empower my vakil to accept on my behalf, service of notice of all any appeal or petitions filed in any court of Appeal, Reference or Revision with regard to the said suit or mater before the disposal of the same in this Honorable Court. “Accepted” The address for service of the said (pleader) 



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