Cancellation of Vakalatnama
Cancellation of Vakalatnama, is a question which arises in the minds of the litigants. But unfortunately the litigants do not know the method of its cancellation. Therefore, this NGO has the privilege to inform all about the Vakalatnama and its cancellation.
WHY IS THE NEED FOR CANELLATION OF VAKALATNAMA
When the litigant feels or decides that his appointed attorney / advocate has lost his / her confidence and he/she decides to appoint some other attorney / advocate, the litigant is required to cancel the vakalatnama already submitted in the Court.
WHAT HAPPENS IF THERE IS NO CANCELLATION OF VAKALATNAMA
The Advocate appointed by you will remain your attorney till his appointment is cancelled or he /she himself withdraws from the case or by any court order. Therefore, during the period of live Vakalatnama, your Advocate keeps all the rights of an Advocate till final disposal of the Case.
NEW ADVOCATE APPOINTED, PREVIOUS VAKALATNAMA NOT CANCELLED
If you appoint a new Advocate and do not cancel the previous Vakalatnama, both the Advocates have equal rights to represent you. If the Advocate does anything on your behalf without asking you, you are liable for his actions without any reference to you.
HOW TO CANCEL THE VAKALATNAMA
The litigant need to write to the Advocate a letter and ensure its delivery to him / her and the cancellation of Vakalatnama shall be effective from the time/date, from which the said letter /email communication has been received by the Advocate.
WHAT TO DO WITH THE APPLICATION FOR CANCELLATION
The litigant must deliver a copy of the cancellation letter to their previous Advocate and also to the new Advocate. A copy of the same is required to be filed in the Court also. All copies must bear original signature of the litigant on a hard copy except e-filing / digital filing allowed in few selected High Courts.
NEW ADVOCATE APPOINTMENT
The litigants must sign another Vakalatnama to appoint new Advocate in place of old Advocate and get it filed in a court of law. A copy of the Vakalatnama, need not be given to opposite party.