SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

1965 Supreme(Ker) 68

M.MADHAVAN NAIR
Raziya – Appellant
Versus
Hamsa – Respondent


Judgment :-

1. This is an application "to issue the notices of the appeal to advocates who appeared for the parties in the lower court." If the word "appeared" in the prayer denotes a past event as it normally does, and not a continuing event as counsel wants me to understand it, notice to the parties cannot be served on "advocates." Under O. III R.5 C.P.C. service of a notice on an advocate would be effective as regards the party only if the former does represent the latter in the proceeding; that is to say only so long as the relative vakalath remains in force. This appeal is from a preliminary decree in a suit for partition. The engagement of advocates in the suit may come to an end when the final decree is passed by the Court below or even earlier by notice between the advocate and the party. Though a week's time was given to file a supplemental affidavit assuring continuance in the suit of representation of the concerned parties by the advocates named in the application, no such affidavit has been filed hitherto. This petition is therefore dismissed. Dismissed.

Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top