Lawyer acting as client's power of attorney cannot appear as advocate in same case: Delhi High Court

The Delhi High court recently held that the practice of advocates acting as power of attorney holders of their clients and representing them as advocates in the matter is contrary to the provisions of the Advocates Act 1961 (Anil Kumar and Anr v Amit)..While directing the Registry to circulate its order to all the lower courts, Justice Pratibha M Singh said that “this aspect has to be scrupulously ensured by the trial court” as this legal provision has been settled by various judgments.“It is made clear that the practice of advocates acting as power of attorney holders of their clients, as also as advocates in the matter is contrary to the provisions of the Advocates Act, 1961. Any advocate who is engaged by a client would have to play only one role, i.e., that of the advocate in the proceedings and cannot act as a power of attorney holder and verify pleadings and file applications or any other documents or give evidence on behalf of his client. This aspect has to be scrupulously ensured by all the Trial Courts. This legal position has been settled by various decisions,” the Court said..The observations were made in an order passed in three petitions arising out of three suits related to a property in Basai Darapur village in Delhi.The question raised in the petition was whether Amarjeet Singh Sahni who was acting as power of attorney holder of plaintiff Amit Ved and had verified the plaint on his behalf, could appear as his counsel.Sahni told the court that he would withdraw his Vakalatnama and continue as the power of attorney holder and would no longer act as the counsel. He added that he would also withdraw his Vakalatnama in the trial court proceedings as well.It was also informed that the dispute between the parties have been resolved by way of settlement/ MOU in a tripartite agreement.The court therefore disposed of the petitions and asked the parties to appear before the trial court on January 28 to present the settlement and record the same..While the petitioner in the case was represented by Advocates NK Aggarwal, Yogita Sunaria and Pankaj, advocate Amarjeet Singh Sahni appeared for the respondent.