vakalatnama
Meaning. The written authority by which a party appoints an advocate to act for it in a case.
A vakalatnama is signed by the party (or a duly authorised person) and accepted by the advocate, and is filed in court. It authorises the advocate to appear, plead and act for the party and continues in force until the end of the proceedings or until withdrawn with leave of court.
Under Order III Rule 4 of the CPC, the appointment of a pleader must be in writing and filed in court. A vakalatnama is different from a power of attorney: a power of attorney holder can act on the party's behalf in transactions but cannot plead as an advocate unless he or she is enrolled.
Example
The advocate could not argue the bail application until he filed a vakalatnama signed by the accused.
In Indian law
- Order III, Rule 4, Code of Civil Procedure, 1908 (appointment of pleader)
See also
advocate · power of attorney · advocate-on-record
Read more in the study notes
- The plaint: contents and a model suit for recovery of money (Drafting, Pleading and Conveyance)