Wakalatnama

No statutory law explicitly defines "Wakalatnama", however, in light of the provisions of Order III, Rule 4, C.P.C., in conjunction with Section 22(3) of Legal Practitioners and Bar Councils Act, 1973, it can be reasonably concluded that a Wakalatnama is a written document signed by a person or by their recognized agent, or by another person duly authorized by them, appointing an advocate to appear or act on their behalf in any Court

Appointment of an advocate through Wakalatnama grants that advocate an authority to represent and act for the appointing party in any Court.

Memo of appearance was an undertaking to file proper power-of-attorney where for some reasons a duly signed power-of-attorney was not immediately procured

Such memo would only enable counsel to plead on behalf of a party for a particular hearing and he was yet to be authorized by the party to conduct all the proceedings

Order III, R. 4, C.P.C. expressly prohibited a counsel from appearance in the court without filing Wakalatnama duly signed by the party

Said Wakalatnama was deemed to be in force until all proceedings in the suit were ended or till such time the power-of-attorney was withdrawn or revoked

If counsel who filed memo of appearance failed to submit a proper power-of-attorney on the next date fixed, then court should issue fresh notice to the party concerned.