Vakalatnama format
A vakalatnama is the document by which a party appoints an advocate to act and plead for them in a case. In civil courts the appointment is made in writing and filed in court under Order III Rule 4 CPC; courts and Bar Councils prescribe forms and an advocates’ welfare stamp in most States.
Key points
- Appointment of pleader: Order III Rule 4 CPC.
- Signed by the party and accepted by the advocate with enrolment number.
- Most States require an advocates’ welfare fund stamp on the vakalatnama.
The law: old and new provisions
| Subject | Law now | Before 1 July 2024 |
|---|---|---|
| Appointment of pleader | Order III Rule 4 CPC | — |
Which court or authority
Filed in the court where the advocate appears.
What the document should contain
- Court and case details
- Party’s name and signature
- Powers given to the advocate
- Advocate’s acceptance, name, enrolment number and address
Documents to attach
- Welfare stamp as per State rules
- Identity proof of the party (often required)
Procedure
- Party signs; advocate accepts
- Affix the welfare stamp
- File in court with the first pleading or appearance
Common mistakes
- Missing welfare stamp
- Not signed by all parties represented
Frequently asked questions
Is a vakalatnama needed for every case?
Yes, an advocate needs a vakalatnama (or memo of appearance where permitted) in each case in which they appear for a party.