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Vyas, Advocates had filed vakalatnama for the respondent, but Mr.
C.V. Murty who is a Senior Advocate had filed ... whether Mr.
C.V. Murty who had not filed vakalatnama for the respondent and was
authorised only to plead, could
Orissa High Court
barred by time.
There was no indication in the vakalatnamas that the lawyer was
authorised to accept notices on behalf ... learned Standing Counsel then contended that the vakalatnama
filed by Mr. B.N. Mohanty in this case was accepted
Orissa High Court
writ
application, had entered appearance by filing Vakalatnama on 1.8.2000
and yet in the Cause-List dated 7.8.2000, the names ... been entrusted on 30.7.2000, keeping in view the date of
Vakalatnama. Moreover, in the present case, the writ petitioner
Orissa High Court
Orders (Civil) Volume I has prescribed the form of vakalatnama
to be presented by the parties in Court. The relevant ... portion of the
vakalatnama is quoted below.
"Know all men by these presents, that by this Vakalatnama I/we
plaintiff
Orissa High Court
orders
of the court by accepting the Vakalatnama appointing new sets of
lawyers by one Suhasini Pani ... Court did
not accept the Vakalatnama so filed by Mr. Arun Mohanty as it was
without the written consent
Orissa High Court
unprofessional conduct for breach of retainer, under the Vakalatnama
which the pleader accepted, signed and appeared for certain parties ... lawyers is thus not without purpose,
introduced in the Indian Vakalatnama.
A retainer is the engagement of a pleader
Orissa High Court
also noticed that the
Pleader had not filed any Vakalatnama for the defendant in the lower
court and that ... that when he asked his
client to execute a Vakalatnama, as directed by the Court, the latter
refused to give
Orissa High Court
some of the
brothers for whom he had no vakalatnama. The court held in the facts
and circumstances of that ... sailing in the same boat having
filed a common Vakalatnama and a a common written statement. The
earlier vakalatnama
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page
131, prescribes the form of the vakalatnama as follows:
FORM OF VAKALATNAMA
OR MUKHTARNAMA
Cause title
Know ... these presents, that by this vakalatnama/mukhtarnama
I/we, plaintiff/defendant/applicant/respondent/petitioner/opposite
party in the aforesaid suit
Orissa High Court
difficulty. Accordingly he had given his signature in the vakalatnama
and in a slip of paper he had mentioned ... come to Cuttack and had sent
the vakalatnama only is absolutely untenable. The endorsement made by
the learned counsel Shri
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