Vakalatnama – An Advocate who does not have Vakalatnama in his favour cannot concede claim or confess judgement affecting rights of party.

An important and an interesting legal question arose before the Kerala High court about the authority of a counsel, who does not hold a vakalat for the party, to make an endorsement on the plaint that the party-defendant has no objection in decreeing the suit as prayed for.

In this case while the suit for redemption of mortgage was pending, one advocate by name Sri Mahadevan endorsed on the reverse of the plaint, said to be on behalf of the defendant company, that it had no objection in decreeing the suit. On the basis of this endorsement, learned trial Judge passed a decree in the suit as prayed for on 29.06.2006. Later on, the said decree was challenged by the defendant.

The High Court held that from the records of the trial court it was found that the Managing Director of the defendant company had authorised Advocate Sri Unnikrishnan by executing a vakalat to appear and act on behalf of the company. Advocate Sri. Mahadevan’s name, who made the endorsement on the reverse of the plaint on 27.06.2006 agreeing to decree the suit, was not seen mentioned in the said vakalat. Further, there was no reason brought out from the records to hold that the counsel who filed a vakalat for the defendant company had authorised another counsel to plead on his behalf for the party. Even if one assumes so, such counsel gets no authority to confess judgment against the interest of the party for whom he was only authorised to plead. In other words, an advocate cannot, unless he has filed in the court a memorandum of appearance (vakalat) prescribed by the Rules, concede the claim or confess judgment affecting the rights of a party as it exceeds the authority. The power to “plead” would include within its scope and ambit, the right to examine witnesses, seek adjournments, address arguments, etc. But such a pleader however cannot have the power to compromise a case or withdraw a case or to do any other act which may have the effect of compromising the interest of the client. No court shall accept or act on such a compromise or confession or admission without verifying whether the advocate doing so had been authorised by the party by executing a vakalatnama. A decree passed in a case on the basis of an endorsement by an advocate, who had no vakalat in the case, cannot be said to be a consent decree.