9911796707
TMI Blog2009 (10) TMI 707X X X X Extracts X X X X X X X X Extracts X X X X ..... for the amendment of the Delhi High Court Rules by way of incorporating detailed instructions within the body of the Rules on how vakalatnamas are to be executed, especially those relating to juristic entities. (b) To issue a writ of Mandamus to Respondent Nos. 2 & 3 (acting through themselves or through their subordinate officers) that pending translation of prayer (a) into the relevant incorporation of the same into the body of the Delhi High Court Rules, to object to the filing any motion by any party in judicial proceedings before the Hon'ble High Court if the vakalatnama accompanying it has not been executed by the party concerned in the manner laid down in law when read with the judgment of the Hon'ble Supreme Court passed in the cas ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of Civil Procedure contains the legislative provisions how appearance have to be entered on behalf of the parties by recognized agents or by their counsel. 6. Pertaining to juristic persons, Order 29 and Order 30 of the Code of Civil Procedure further guides, as to in what manner living persons can act on behalf of corporate and juristic entities. 7. Fortunately for us, in the decision reported as AIR 2006 SC 269 Uday Shankar Triyar v. Ram Kalewar Prasad Singh & Anr., in Para 21 of the said decision, the Supreme Court noted as many as 9 deficiencies noticed by their Lordships of Supreme Court, in vakalatnama filed by learned Members of the Bar. 8. The complication at later stages which can be avoided by a timely check and proper verific ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... th the Vakalatnama). (c) Failure on the part of the pleader in whose favour the Vakalatnama is executed, to sign it in token of its acceptance. (d) Failure to identify the person executing the Vakalatnama or failure to certify that the pleader has satisfied himself about the due execution of the Vakalatnama. (e) Failure to mention the address of the pleader for purpose of service (in particular in cases of outstation counsel). (f) Where the Vakalatnama is executed by someone for self and on behalf of someone else, failure to mention the fact that it is being so executed. For example, when a father and the minor children are parties, invariably there is a single signature of the father alone in the Vakalatnama without any endorsement/sta ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ey deserve. Such failure many a time leads to avoidable complications at later stages, as in the present case. The need to issue appropriate instructions to the Registries/Offices to properly check and verify the Vakalatnamas filed requires emphasis. Be that as it may.' 10. We agree with the submissions urged by petitioner No. 1 that the time has come, when a judicial order needs to be passed, directing the Registry of this Court as also the Courts, Authorities, Tribunals and Foras in Delhi to ensure proper scrutiny of vakalatnamas. 11. Mandamus as sought by the petitioners need not be issued for the reason, the mandate of law, pertaining to the manner in which vakalatnamas have to be executed is clear. What is needed is, directions to th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ciency in the execution of the vakalatnamas making liable the said vakalatnama to be returned Further, in the situation contemplated by sub paras 'f' to 'i' of Para 21 of the decision in Uday Shankar's case (supra), vakalatnamas not executed in the manner indicated in the said sub paras shall also be treated as a deficiency in the execution of the vakalatnama, making liable said vakalatnama to be returned. 14. We are passing the directions in public interest for the reason even we have come across vakalatnamas which are filed in a most lackadaisical manner. Many a times, precious judicial time is lost in determining whether a proper representation is being made under a proper authority. 15. The writ petition stands disposed issuing a mand ..... X X X X Extracts X X X X X X X X Extracts X X X X
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