Andhra Pradesh High Court
Judges : BHIMASANKARAM, P.CHANDRA REDDY, P.SATYANARAYANA RAJU
IN RE KODANDA RAMASWAMI VARI DEVASTANAM - Appellant
Versus
State - Respondent
Decided On : 02-15-56
APPELLATE PROCEDURE - VAKALAT - FORM - VAKALAT FILED IN LOWER COURT - WHETHER SUFFICIENT FOR APPEARANCE IN HIGH COURT - CIVIL PROCEDURE CODE (V OF 1908), ORDER III, RULE 4 - MADRAS HIGH COURT APPELLATE SIDE RULES, RULE 21 - ADHRA STATE ACT (XXX OF 1953), SECTION 32.
Fact of the Case:
The issue arose from two cases where advocates filed unstamped memoranda of appearance instead of vakalats in the High Court. The advocates argued that the vakalats filed in the lower courts should suffice for all further proceedings, including appeals and revisions, under Order III Rule 4 sub-rules (2) and (3) of the Code of Civil Procedure.
Finding of the Court:
The court held that the vakalats filed in the lower courts were not in conformity with the form prescribed by Rule 21 of the Appellate Side Rules of the Madras High Court, which governs the procedure on the appellate side of the High Court.
Issues: 1. Whether the vakalats filed in the lower courts were sufficient for appearance in the High Court. 2. Whether Order III Rule 4 of the Civil Procedure Code overrides the requirement of Rule 21 of the Appellate Side Rules as to the form of the vakalat to be presented in the High Court. 3. Whether the Appellate Side Rules of the Madras High Court continue to be in force after the formation of the Adhra High Court.
Ratio Decidendi: 1. Order III Rule 4 of the Civil Procedure Code provides for the appointment of a pleader and the duration of such appointment, while Rule 21 of the Appellate Side Rules prescribes the form of appointment to be filed in the High Court. These rules deal with distinct subjects and therefore there is no conflict between them. 2. Even if there were a conflict, Rule 21 prescribing a particular form of vakalat for the High Court must be deemed to have altered or modified the right claimed to have been conferred under Order III Rule 4 C.P.C. 3. Section 32 of the Adhra State Act confers on the Adhra High Court all the powers to make rules and orders with respect to practice and procedure as are exercisable by the High Court at Madras. Therefore, the Appellate Side Rules of the Madras High Court continue to be in force in the Adhra High Court, subject to necessary modifications.
Final Decision: The court directed that fresh vakalats in the form prescribed by Rule 21 of the Appellate Side Rules be filed in both cases.
( 2 ) IT is to be observed at the outset that the procedure i this High Court o its appellate side is govered by the Rules of the High Court, Madras, appellate side by virtue of Sec. 32 of the Adhra State Act, to which a more detailed referece will be made later. Rule 21 of these rules, so far as it is material, is as follows:"no advocate or attorey of the High Court shall be etitled to act i ay civil case uless he filed vakalatamah the form appeded here to. The vakalatamah shall authorise the advocate or attorey to appear i the appeal, petitio or other proceedigs icludig all iterlocutory or miscellaeous proceedigs coected with or arisig out of the same matter ad also i appeals uder clause 15 of the Letters Patet and in applicatios for review ad for leave to appeal to His Majesty i Coucil. "the form appeded to the rule provides that the vakalat should authorise a advocate or a attorey to appear for the executa t i the appeal or petitio as the case may be ad to coduct ad prosecute (or defed) the same ad all proceedigs that may be take i respect of ay applicatio coected with the same or ay decree or order passed therei, including all applicatios for retur of documets or the receipt of ay moeys that may be payable i the said appeal or petitio ad also i applicatios for review i appeals uder clause 15 of the Letters Patet ad i applicatios for leave to appeal to His Majesty i Coucil (ow the Supreme Court ). It is admitted that the vakalats filed i the lower courts i these matters before us are ot coformity with the form prescribed by this rule. We may ote here that the form of vakalat i the subordiate courts is govered by rule 19 of the civil Rules of Practice which is i the followig terms :"every vakalat shall, uless otherwise ordered by the Court, be i Form No. is ad shall authorise, the pleader to appear i all executio ad miscellaeous proceedigs in the suit or matter subsequet to the fial decree or order passed therei. "this form No. 12 is substatially differet from the form of vakalat to be filed i the High Court. A vakalat i this form authorises a pleader retaied by the cliet to coduct ad prosecute (or defed) the suit, origial or miscellaeous petitio as the case may be ad all proceedigs that may be take in respect of ay applicatio for executio of ay decree or order passed therein. It also empowers him to appear i all miscellaeous proceedigs in the suit or matter till all decrees or orders are fully satisfied or adjusted ad to obtai the retur of documets ad draw ay moeys that may be payable to the cliet in the said suit or matter. It further authorises him to accept oh behalf of his cliet, service of otice of all or ay appeals or petitios filed in ay court of Appeal, Referece or Revisio with regard to the said suit or matter before the disposal of the same i the court in which the vakalat is filed. While it is admitted that these vakalats are not i
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