Rule 21 of the Appellate Side Rules, Madras High Court, which prescribed the form of vakalat to be filed in the High Court, prevailed over the general provisions of Order 3, rule 4, Civil Procedure Code, which dealt with the appointment and duration of vakalats.

( 1 ) THESE matters have been directed to be posted before a Bench by our learned brother Umamaheswaram, J. U. S. R. No. 2829 of 1955 relates to unstamped memoranda of appearance in the place of the usual vakalats filed by the learned advocate for the respondents in a batch of Civil Revision Petitions. U. S. R. No. 7274 of 1955 is concerned with a similar unstamped memorandum of appearance filed by the advocate concerned in a second appeal presented to this Court.

( 2 ) THE office returned the papers in both the cases objecting that fresh appellate side vakalats duly stamped should be filed and that the memoranda of appearance would not suffice. In each case, the learned advocates contended that as they had filed vakalats in the proceedings in the lower Court out of which the Civil Revision petitions and the second appeal arose, the vakalats so filed would enure for all further proceedings, revisions or appeals arising out of them, under Order 3, rule 4, sub-rules (2) and (3) of the Code of Civil Procedure. As the office was not satisfied with that contention, the matter was posted in the first instance before our learned brother for orders.

( 3 ) IT is to be observed at the outset that the procedure in this High Court on its appellate side is governed by " the Rules of the High Court, Madras, Appellate side " by virtue of section 32 of the Andhra State Act, to which a more detailed reference will be made later. Rule 21 of these rules, so far as it is material, is as follows:"no advocate or attorney of the High Court shall be entitled to act in any civil case unless he files vakalatnamah in the form appended hereto. The vakalatnamah shall authorise the advocate or attorney to appear in the appeal, petition or other proceedings including all interlocutory or miscellaneous proceedings connected with or arising out of the same matter and also in appeals under clause 15 of the Letters Patent and in applications for review and for leave to appeal to His Majesty in Council. "

( 4 ) THE form appended to the rule provides that the vakalat should authorise an advocate or an attorney to appear for the executant in the appeal or petition as the case may be and to conduct and prosecute (or defend) the same and all proceedings that may be taken in respect of any application connected with the same or any decree or order passed therein, including all applications for return of documents or the receipt of any moneys that may be payable in the said appeal or petition and also in applications for review in appeals under Clause 15 of the Letters Patent and in applications for leave to appeal to His Majesty in Council (now the supreme Court ). It is admitted that the vakalats filed in the lower Courts in these matters before us are not in conformity with the form prescribed by this rule We moy note here that the form of vakalat in the subordinate Courts is governed by rule 19 of the Civil Rules of Practice which is in the following terms :"every vakalat shall, unless otherwise ordered by the Court, be in Form no. 12 and shall authorise, the pleader to appear in all execution and miscellaneous proceedings in the suit or matter subsequent to the final decree or order passed therein. "

( 5 ) THIS Form No. 12 is substantially different from the form of vakalat to be filed in the High Court. A vakalat in this form authorises a pleader retained by the client to conduct and prosecute (or defend) the suit, original or miscellaneous petition as the case may be and all proceedings that may be taken in respect of any application for execution of any decree or order passed therein.

( 6 ) IT also empowers him to appear in all miscellaneous proceedings in the suit or matter till all decrees or orders are fully satisfied or adjusted and to obtain the return of documents and draw any moneys that may be payable to the client in the said suit or matter. It further authorises him to accept on behalf of his client, service of notice of all or any ap