Vakalatnama

What is Vakalatnama

A Vakalatnama is a document that authorizes a lawyer to act on behalf of his client. It may be general or specific.

The rule for construing a document naming an agent differs from the rule construing a Vaklatnama naming a counsel.

Official Definition of Vakalatnama

There is no mention of any particular definition of Vakalatnama in the Civil Procedure Code, 1908 as well as the Power of Attorney Act, 1882.

Section 2(u) of Advocates’ Welfare Fund, 2001 defines ‘vakalatnama’ as "Vakalatnama" includes 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.

Legal provisions relating to Vakalatnama

The provision in the Code of Civil Procedure (CPC) relating to Vakalatnama is contained in Order III, Rule 1. This rule lays down the requirements and procedure for authorizing an advocate to act on behalf of a party in a civil suit.

As per Order III, Rule 1 of the CPC, any appearance, application or act in or to any court, required or authorized by law to be made or done by a party in a suit or proceeding, may, except where otherwise expressly provided by any law for the time being in force, be made or done by the party in person, or by his recognized agent, or by a pleader who has been appointed by a Vakalatnama.

Thus, under the CPC, a party can authorize an advocate to represent him or her in a civil suit by executing a Vakalatnama. The Vakalatnama must be in writing, signed by the party or his authorized agent, and must be filed in court. Once the Vakalatnama is filed, the advocate is authorized to appear, plead, or act on behalf of the party in the suit or proceeding.

https://ecourts.gov.in/ecourts_home/forms/Vakalatnama%20form.pdf