Delhi High Court on Tuesday noted that the practice of advocates acting as power of attorney holders of their clients and representing them as advocates in the matter is contrary to the provisions of the Advocates Act 1961.
The bench of Justice Pratibha M Singh directed the Registry to circulate the order to all the lower courts.
“It is made clear that the practice of advocates acting as power of attorney holders of their clients, as also as advocates in the matter is contrary to the provisions of the Advocates Act, 1961. Any advocate who is engaged by a client would have to play only one role, i.e., that of the advocate in the proceedings and cannot act as a power of attorney holder and verify pleadings and file applications or any other documents or give evidence on behalf of his client. This aspect has to be scrupulously ensured by all the Trial Courts. This legal position has been settled by various decisions,” said the High Court bench.
The court was hearing three pleas related to property in Basai Darapur village in Delhi. The question arising out of those petitions was whether Amarjeet Singh Sahni who was acting as power of attorney holder of plaintiff Amit Ved and had verified the plaint on his behalf, could appear as his counsel.
Advocate Sahni informed the court that he would withdraw his Vakalatnama in High Court as well as in trial court and will continue as the power of attorney holder. He also submitted before the court that the matter has been resolved by the parties by way of settlement/ MOU in a tripartite agreement.