Vakalatnama format
A vakalatnama is the written authority by which a party appoints an advocate to act for them. Without one properly stamped and accepted, the advocate has no locus to appear. Below is the format as it is filed in Tamil Nadu, with the stamp and endorsement requirements that most often get it returned.
Legal basis
Drafted for the Madras High Court and the subordinate civil and criminal courts of Tamil Nadu.
- Appointment of a pleader: Order III Rules 1 and 4, Code of Civil Procedure, 1908
- Right of an advocate to practise: Section 30, Advocates Act, 1961
- Welfare fund stamp on the vakalatnama: Section 17, Tamil Nadu Advocates' Welfare Fund Act, 1987
- Court fee: Tamil Nadu Court Fees and Suits Valuation Act, 1955
The format
- To appear before this Hon'ble Court and to conduct, prosecute or defend the above proceeding and every application and proceeding arising out of or connected with it, including any appeal, revision, review, execution or interlocutory application.
- To sign, verify, present and withdraw pleadings, applications, petitions, affidavits, memoranda, vakalats, counters, objections and any other document required in the above proceeding.
- To receive and to grant a valid receipt and discharge for any money, document, security or other property payable or deliverable to me / us in the above proceeding.
- To engage or nominate any other advocate to appear along with or in place of the said advocate, and to authorise such advocate to exercise all or any of the powers conferred by this vakalatnama.
- To apply for and receive certified copies of the pleadings, records, depositions, orders, judgments and decrees in the above proceeding.
- To compromise, adjust, withdraw, refer to arbitration or otherwise settle the above proceeding, subject in every case to my / our specific instructions in writing.
When to use it
- At the first appearance for a party in any civil or criminal proceeding, whether as plaintiff, defendant, petitioner, respondent, accused or intervenor.
- When an advocate is engaged in place of an advocate already on record, in which case a no objection from the outgoing advocate is filed along with the fresh vakalatnama.
- When a party who has been appearing in person decides to engage an advocate at any later stage of the proceeding.
- Separately for each proceeding. A vakalatnama filed in the suit does not by itself carry into an independent appeal, revision or execution petition unless its terms extend that far.
Filing notes
Advocates' Welfare Fund Stamp is not optional
Section 17 of the Tamil Nadu Advocates' Welfare Fund Act, 1987 requires a welfare fund stamp to be affixed on every vakalatnama filed by an advocate before a court, tribunal or other authority in the State. A vakalatnama presented without it is liable to be returned by the registry. Confirm the current denomination against the notification in force, because it has been revised more than once and printed forms in circulation are often out of date.
The party signs, and the advocate signs acceptance
Two signatures are needed, not one. The party executes the vakalatnama and the advocate signs the acceptance endorsement. An unaccepted vakalatnama is incomplete. Where more than one advocate is engaged, each of them signs the acceptance.
Illiterate parties and parties who cannot sign
A thumb impression is taken in place of the signature and is attested, with the contents of the vakalatnama explained to the party in a language they understand and that fact recorded. In practice this endorsement is written on the face of the vakalatnama and signed by the attesting advocate.
Companies, firms and minors
For a company, the vakalatnama is executed by a person authorised by a board resolution, and the resolution or authority is filed along with it. For a partnership firm, by a partner. For a minor or a person of unsound mind, by the next friend or guardian, whose appointment is separately reflected in the cause title.
Changing advocates
Where an advocate is already on record, the fresh vakalatnama is filed with a no objection endorsement or a memo from the advocate on record. Filing a fresh vakalatnama without addressing the existing one leads to two advocates on record for the same party and an objection at the time of numbering.
Common mistakes
Leaving the case number blank and never returning to it
At the stage of the first filing the number is not yet allotted, so the blank is unavoidable. The error is failing to carry the number in once it is allotted. A vakalatnama that cannot be tied to a numbered proceeding is worth very little when the file is reconstructed years later.
Treating the suit vakalatnama as covering everything that follows
An appeal, a revision and an execution petition are separate proceedings. Unless the vakalatnama on its terms extends to proceedings arising out of the suit, a fresh one is filed. Check the wording rather than assuming.
An unqualified power to compromise
Many printed forms give the advocate an unrestricted power to compromise or withdraw. That is a serious power to hold without a written instruction behind it, and it invites a dispute with the client later. This draft ties it to specific written instructions for that reason.
Address for service left incomplete
The advocate's address for service on the vakalatnama is where notices go. An out of date office address or a missing mobile number is how a party ends up not knowing their matter was listed.
Affixing the stamp but not defacing it
The stamp has to be cancelled or signed across so that it cannot be reused. An affixed but undefaced stamp is treated as not affixed at all.
Common questions
Is a vakalatnama the same as a power of attorney?
No. A vakalatnama authorises an advocate to appear and act in a specific court proceeding and derives from Order III of the Code of Civil Procedure and the Advocates Act. A power of attorney is a general instrument of agency under the Powers of Attorney Act, 1882 and does not by itself entitle the holder to plead. A power of attorney holder who is not an advocate cannot argue the matter.
Does a vakalatnama need to be notarised or on stamp paper?
It is not executed on stamp paper and does not require notarisation. What it requires is the Advocates' Welfare Fund Stamp and the court fee stamp affixed and defaced, the party's signature, and the advocate's acceptance.
Can one vakalatnama cover several parties?
Yes, where several parties on the same side engage the same advocate, provided each of them signs it. Each signature should be identifiable against the corresponding party in the cause title, which is why the names are set out rather than left as "the plaintiffs".
What happens if the client withdraws the vakalatnama?
The client may discharge the advocate, and the advocate may seek to be relieved. Either way the change is brought on record by a memo, and until the court permits the change the advocate on record continues to be answerable for the matter. The vakalatnama is not simply torn up.
You are already drafting. Skip the blanks.
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This format is provided for reference and is an assistive draft, not legal advice. Court practice varies between benches and districts and the rules change. Verify the provisions cited and the current filing requirements of the court you are filing in before you rely on any part of this page. Read the Legal Disclaimer.