LAWS(KER)-2016-7-104

BRENDA BARBARA FRANCIS Vs. ADRIAN MIRANDA

Decided On July 08, 2016
Brenda Barbara Francis Appellant
V/S
Adrian Miranda Respondents

JUDGEMENT

(1.) Mr. G. Anand - a practising lawyer of the High Court of Madras at Chennai - appears in person as a power of attorney holder on behalf of the appellants in this Regular First Appeal. We expressed a doubt as to whether a person enrolled as an Advocate could be permitted to appear in person as a power of attorney holder in the absence of a vakalath. The reply given was that the power of attorney holder is not appearing in the robes of an Advocate and that any person could function as such for the parties. The appeal arises out of the supplementary final decree for partition in O.S. No. 34/1999 on the file of the Court of the Subordinate Judge of Thiruvananthapuram.

(2.) We appointed Mr. Leo George, Advocate as Amicus Curiae to assist the Court and it should be mentioned that he did his job exceedingly well.

(3.) The same person appearing in the dual capacity of a power of attorney holder and Advocate has been deprecated in Oil and Natural Gas Commission v. Offshore Enterprises [AIR 1993 Bombay 217]. It was held therein as follows: -