Ravi Bus Service And Ors. vs State Of Rajasthan And Ors. on 27 July, 2001
In support of his contention, he has placed reliance upon the judgments of this Court in Aman Khan v. Sheo Onkar (12) and Smt. Bhani v. Mahaveer Prasad (13), wherein it has been held that a Lawyer must have a proper authorisation from his client, otherwise the client cannot be held to be bound by the Court's order. There is no dispute on the issue that Mr.R.P. Dave had appeared before this Court as a Standing Counsel. Whether he had filed the Vakalatnama in the said cases or not, cannot be examined at this stage by calling the record of the earlier cases, as insisted by Mr. Maheshwari, for the reasons that whether Mr.Dave appeared after filing Vakalatnama or not, is a question of fact. The Tribunal has dealt with this issue elaborately. There was no such averment before the Tribunal nor there is any factual foundation in this regard in the writ petition nor such a ground has been taken in the petition. Mr. Maheshwari cannot be permitted to raise such a plea without laying down any factual foundation or making any averment in this respect and taking such a ground.