RAZIYA Vs. HAMSA

JUDGEMENT

(1.) This is an application to issue the notices of the appeal to advocates who appeared for the parties in the lower court. If the word appeared in the prayer denotes a past event as it normally does, and not a continuing event as counsel wants me to understand it, notice to the parties cannot be served on advocates. Under O.3 R.5 C.P.C. service of a notice on an advocate would be effective as regards the party only if the former does represent the latter in the proceeding; that is to say only so long as the relative vakalath remains in force. This appeal is from a preliminary decree in a suit for partition. The engagement of advocates in the suit may come to an end when the final decree is passed by the Court below or even earlier by notice between the advocate and the party. Though a weeks time was given to file a supplemental affidavit assuring continuance in the suit of representation of the concerned parties by the advocates named in the application, no such affidavit has been filed hitherto. This petition is therefore dismissed.