Section 2 in Rules framed by High Court in relation to Advocates
2.
Save as otherwise provided for in any law for the time being in force, no advocate shall be entitled to appear, plead or act for any person in any Court in any proceeding unless the Advocate files an appointment in writing signed by such person or his recognised agent or by some other person duly authorised by or under a power of attorney to make such appointment and signed by the Advocate in token of its acceptance or the advocate file a memorandum of appearance in the form prescribed by the High Court ;Provided that where an advocate has already filed an appointment in any proceeding, it shall be sufficient for another advocate, who is engaged to appear in the proceeding merely for the purposes of pleading, to file memorandum of appearance or to declare before the Court that he appears on instructions from the advocate who has already filed his appointment in the proceedings :Provided further that nothing herein contained shall apply to an advocate who has been requested by the Court to assist the Court amicus curiae in any case or a proceeding or who has been appointed at the expense of the State to defend an accused person in a criminal proceeding.Explanation 1 - A separate appointment or a memorandum of awareness shall be filed in each of the several connected proceedings, not-withstanding that the same advocate is retained for the party in all the connected proceedings.Explanation 2 - The appointment in writing shall be in the following form :VakalatnamaCause TitleBetween............................................ Appellant/PetitionerAnd........................................... Respondent /Counter petitionerKnown all men by those presents, that by this Vakalatnama I/We....... Appellant/Respondent/ petitioner / Opposite-party/ in the aforesaid case do hereby appoint and retain...........Advocate (s) to appear for me/us, in the above case and to conduct and prosecute (of 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 receipt of any moneys that may be payable to me/ us in the said case and also in applications for review in appeals under Orissa High Court Order and in, applications for leave to appeal to Supreme Court. I/We authorise my/our Advocate(s) to admit any compromise lawfully entered in the said case.Dated the..........20............Signature of the executant (s)(a)When a Vakalatnama is given by a party who can sign his/her name, it must be signed by the party. When the party can not sign his/her name, the thumb impression or the mark of the executant must be attested, to the satisfaction of the Advocate accepting the Vakalatnama, to have been affixed in presence of the attestor.(b)The Advocate should, as far as possible, accept Vakalatnamas from Parties themselves and in case of its being not feasible from persons professing to be authorised by special or general powers-of-attorney to act on behalf of other person, and in accepting the Vakalatnama purporting to be executed by the party in person, is bound to satisfy himself that it was so executed. When the Vakalatnama purports to be executed by a third party on behalf of the client, the Advocate is bound to ascertain that such person has been duly empowered by the client to appoint an Advocate and, has himself executed the document and no Advocate shall receive a Vaklatnama from any person other than the party himself or his recognised agent or a person duly authorised a Power-of attorney to act in this behalf or his servant or relation.(c)Where there are more parties than one and they want to file one Vakalatnama it may be received from any one of them of a person duly authorised by any one of them without special authority from the other(s).(d)When a Vakalatnama is filed by an Advocate, he shall endorse on the back of it the date of acceptance, the name of the person from whom it is received and if such person is neither the client himself nor another lawyer, he shall state the precise nature of the authority, with date, of that person. He shall also certify that he (has) satisfied himself that he does not appear or hold brief for the opposite party.(e)A Vakalatnama containing the name of more Advocates than those accepting cannot be accepted by any other Advocates after it had been filed in Court.(f)When a Vakalatnama is executed by a person who is blind or illiterate or a person who does not understand the language of the Vakalatnama or by a pardanashin woman, the Advocate(s) accepting the Vakalatnama must satisfy himself that the executant signed the Vakalatnama after understanding its contents.
