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Quick Answer
A vakalatnama is the formal instrument by which a party empowers an advocate to plead and act in a court proceeding. Order III Rule 4 CPC (and parallel provisions in BNSS) mandates a properly executed vakalatnama before an advocate can act. The vakalatnama is signed by the client, attested by the advocate, and stamped under the relevant State Stamp Act (typically Rs 5-25 stamp). Multiple advocates can be empowered jointly; the vakalatnama can be revoked by the client at any time, subject to settlement of advocate's fees.
Statutory reference
Order III Rule 4 CPC 1908
The vakalatnama looks like a formality but defines the lawyer-client relationship in court: read its printed clauses before signing, because standard forms typically authorise the advocate to act, file, receive documents, and sometimes compromise the matter. It is executed per proceeding and per forum — an appeal or a connected case needs its own — and carries a small court-fee stamp that varies by state. Changing advocates mid-case is a client's right: the new advocate files a fresh vakalatnama, in practice with a no-objection endorsement from the earlier advocate or, where that is withheld, with the court's leave after notice — the file and case papers must be handed over, subject to accounts being settled. Senior advocates never file a vakalatnama; they appear on the instructions of the advocate-on-record, which is why every matter needs a filing advocate regardless of who argues it.
Worked example
Midway through a Delhi property suit, a litigant loses confidence after repeated adjournments sought by her counsel and engages a new advocate. The new advocate prepares a fresh vakalatnama and requests a no-objection from the earlier counsel; when a week passes without response, he files the vakalatnama with an application seeking leave to appear, with notice to the earlier advocate. The court grants leave, directs handover of the case file, and the suit continues without losing a date. The change cost one application and no adjournment — because the substitution followed the procedure instead of simply turning up with new counsel on the hearing day.
Related practice areas
Authorisation document under Order III Rule 4 CPC by which a litigant appoints an advocate to appear and act on his/her behalf in a court matter. Mandatory for advocate's appearance.
Vakalatnama is governed by Order III Rule 4 CPC 1908. A vakalatnama is the formal instrument by which a party empowers an advocate to plead and act in a court proceeding. Order III Rule 4 CPC (and parallel provisions in BNSS) mandates a properly executed vakalatnama before an advocate can act. The vakalatnama is signed by the client, attested by the advocate, and stamped under the relevant State Stamp Act (typically Rs 5-25 stamp). Multiple advocates can be empowered jointly; the vakalatnama can be revoked by the client at any time, subject to settlement of advocate's fees.
Vakalatnama falls under Civil Law. NyaySevak matches you with a Bar-Council-verified advocate in the relevant practice area — your first step is a free case assessment with no obligation.
Definitions describe the framework — your case lives in its facts. Talk to a Bar-Council-verified advocate. Case assessment is free and comes with no obligation; callback usually within 24 hours.