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The short answer
The vakalatnama is the written authority a party signs so an advocate can appear and act for them in a case. Under Order III Rule 4 CPC it must be signed by the party and filed in court, and it continues until it is ended with the court's leave or the case ends. To change advocate, you sign a new vakalatnama and the new advocate files it with the earlier advocate's NOC, or with an application for the court's permission if no NOC is given.
Vakalatnama meaning
The vakalatnama meaning, in simple terms, is the written authority a party to a case signs so that an advocate can appear, plead and act for them in that case. Without it, an advocate cannot file papers or take steps in court on your behalf. It is also called a vakalat, and the word comes from vakil (advocate) and nama (document).
In civil cases the basis is Order III of the Code of Civil Procedure, 1908. Order III Rule 1 says a party may appear, apply or act in person, through a recognised agent, or through a pleader. Order III Rule 4 says that the appointment of a pleader must be in writing, signed by the party (or a person authorised by the party), and filed in court. The appointment continues until it is ended with the leave of the court, by a writing signed by the party or the advocate and filed in court, or until the party or advocate dies, or the proceedings end.
In criminal cases, a person facing a case has the right to be defended by an advocate of their choice (Article 22(1) of the Constitution and Section 340 of the Bharatiya Nagarik Suraksha Sanhita, 2023). A vakalatnama is filed in the criminal court too, for the accused, or for the complainant or victim where they engage their own advocate.
What a vakalatnama contains
Printed forms are sold at Bar association counters and court stationery shops in Odisha; the Orissa High Court and district courts each have a format in common use. A typical vakalatnama has:
- the name of the court and the case number (or "to be filed" for a new case) with the names of the parties;
- the name and address of the party signing it, and their status in the case (petitioner, plaintiff, defendant, accused, respondent);
- the names of the advocate or advocates being appointed, often with their enrolment numbers and the Bar association;
- a list of the powers given: to file and sign the plaint, written statement, petitions and applications, appear and argue, withdraw or compromise (where this is given), deposit and withdraw money, obtain copies and documents, and engage another advocate if needed;
- the party's signature or thumb impression, with date and place, and identification where the court requires it;
- the advocate's signature accepting the vakalatnama; and
- an advocates' welfare fund stamp where the rules require one. The advocate's office or the Bar association counter will tell you the stamp currently required.
Who signs, and in special cases
- Each party who wants the advocate to act for them signs. If several family members are co-plaintiffs, each signs, or one signs for others only if they have authority to do so, such as under a power of attorney.
- A company, society or trust signs through an authorised officer, usually with a board or committee resolution attached.
- A minor or a person of unsound mind acts through the guardian or next friend appointed in the case.
- A person in custody usually signs in the jail, and the vakalatnama is attested by the jail authorities and sent to the advocate.
- Government departments are represented by government counsel, who file a memo of appearance rather than a party-signed vakalatnama.
How long a vakalatnama lasts and where it applies
A vakalatnama is filed for a particular case in a particular court. It continues for connected steps in that case, such as interim applications and applications for copies. For an appeal, revision or writ in a higher court, such as the Orissa High Court, a fresh vakalatnama is filed in that court. When a case is transferred, check with the court whether a fresh vakalatnama is needed.
Before signing, read the form. Do not sign a blank form, check that your name and the case details are correct, and ask for a photocopy or photograph of the signed vakalatnama for your records.
How to change advocate: NOC and the court's leave
A party may change their advocate at any stage of a case. The usual steps are:
- Inform the present advocate in writing that you intend to engage another advocate, and ask for a no-objection certificate (NOC). In practice the NOC is a short endorsement, signed by the present advocate, on the new vakalatnama or on a separate letter.
- Sign a new vakalatnama in favour of the new advocate, who files it with the NOC.
- If the earlier advocate does not give an NOC, the new advocate files the vakalatnama with an application to the court explaining the position, usually with proof that the earlier advocate was informed. The court can permit the change. The Bar Council of India's conduct rules expect an advocate not to appear where another advocate has filed a vakalatnama for the same party, except with that advocate's consent or the court's permission. This is why the NOC or the court's leave matters.
- Collect your case papers. The Supreme Court held in R.D. Saxena v. Balram Prasad Sharma (2000) that an advocate cannot hold back a party's case file as a lien for unpaid fees. Any dispute about fees is a separate matter.
Until the new vakalatnama is on record, the earlier advocate remains on record, so do not leave a gap before an important hearing date. Check the order sheet on eCourts case status after the change.
Withdraw vakalatnama: when the advocate steps back
An advocate can also withdraw from a case. Under the Bar Council of India's rules, an advocate should not withdraw without sufficient cause and reasonable notice to the party, and should refund any part of the fee that has not been earned. In court, the advocate files a memo or petition to withdraw the vakalatnama, usually showing that the party was given notice. The court then records the withdrawal and may give the party time to engage another advocate or appear in person. If you receive such a notice, act quickly so the case is not dismissed or decided ex parte for non-appearance.
Common questions in Odisha courts
- Do I need a vakalatnama in a consumer commission or revenue court? Yes, if an advocate is appearing for you; these forums also allow a party to appear in person.
- Can I appear without a vakalatnama? Yes, as a party in person. See running your own case as a party in person.
- Is a vakalatnama the same as a power of attorney? No. A vakalatnama authorises an advocate to act in a case. A power of attorney authorises a person to act for you more generally, and a power-of-attorney holder who is not an advocate cannot argue the case as an advocate.
- Free legal aid: if you are eligible, the District Legal Services Authority assigns a panel advocate, who files a vakalatnama for you at no cost. See free legal aid in Odisha.
Other court terms are explained in the glossary of legal terms. General information about civil cases is under civil litigation and about courts under courts.
Frequently asked questions
What is the meaning of vakalatnama?
It is a written document by which a party to a case authorises an advocate to appear, plead and act for them in that case. In civil cases it is required by Order III Rule 4 of the Code of Civil Procedure, and it is filed in the court where the case is pending.
How do I change my advocate if the old advocate will not give an NOC?
Sign a new vakalatnama in favour of the new advocate. The new advocate files it with an application explaining that the earlier advocate was informed but did not give an NOC. The court can permit the change. You remain free to change your advocate at any stage.
Can an advocate keep my case file until fees are paid?
No. In R.D. Saxena v. Balram Prasad Sharma (2000), the Supreme Court held that an advocate has no lien over a party's litigation papers. A fee dispute has to be raised separately.
Is a new vakalatnama needed for an appeal in the Orissa High Court?
Yes. A vakalatnama is for a case in a particular court. For an appeal, revision or writ petition in the Orissa High Court, a fresh vakalatnama is filed there.
How does an advocate withdraw a vakalatnama?
The advocate gives the party reasonable notice and files a memo or petition in court to withdraw. The court records it and usually gives the party time to engage another advocate or appear in person, so the party should act quickly to avoid an ex parte order.
Where can I get a vakalatnama format in Odisha?
Printed vakalatnama forms are available at Bar association counters and court stationery shops at the Orissa High Court and district courts. The advocate's office normally supplies the form and the welfare fund stamp.
Official sources
- Code of Civil Procedure, 1908 (Order III) and Bharatiya Nagarik Suraksha Sanhita, 2023 (India Code)
- Bar Council of India: rules on professional conduct
- Orissa High Court (official website)
- Supreme Court of India: judgments search
General information, not legal advice. Every matter turns on its own facts and documents, and the law and official procedures change. Check the current position with the concerned office, or take advice on your own facts, before acting.