BALAKRISHNAN Vs. HAREENDRAN

JUDGEMENT

(1.) THIS diary number stemmed out of the endorsement made by the learned counsel Mrs. Chitra Sampath in filing a vakalat in the execution petition filed before the learned Master on behalf of the decree-holder by Mr. V. Subramaniam, the previous counsel on record expressing his written consent in the vakalat itself, and consequently she has filed the execution petition and the vakalat and the office is not inclined to recognise the same for want of acceptance of the said revocation and change of vakalat by duly filing an application and get it disposed of as laid down by O. 29 R. 2 Original Side Rules, on the ground that in view of the Bench decision of this Court rendered in Tamil Nadu Electricity Board, Madras v. R. Srinivasan1991 2 L.W. 565, the written consent expressed and given by the previous counsel on record in the vakalat filed by her is readily available in itself and amounts to determination of vakalat of previous counsel, and as the same was duly signed and authorised by her counsel, viz., the decree-holder, she is deemed to be a counsel appointed as defined under the Code of Civil Procedure. Therefore, the formal approval of the revocation and change of vakalat is unnecessary.

(2.) SINCE the matter of this type assumes significance for a very long time by the office insisting the filing of the petition or application before the learned Master under O. 29 of the Original Side Rules which governs the procedure to be followed in this Court is concerned where the matters involved revocation of the previous vakalat and the change of his counsel by filing a new vakalat is necessary in the context of the legal ratio held by my learned brother, Srinivasan, J. in P.S. Sathappan v. Andhra Bank Ltd., Coimbatore1991 II M.L.J. 9??? lot of difficulties and inconvenience not only to the litigant public but also to the learned members of the Bar in rendering legal assistance to the common masses consuming huge time and energy in entertaining the application and disposal of the same becomes the order of every day in and day out necessitating the matter to be considered for the purpose of expedient and speedy disposal of the cases. Accordingly, the diary note provides the opportunity to consider each and every aspect of the legal impediment involved therein for the purpose of rectification and set at naught.

(3.) THE relevant Rules which are governing the procedure to be followed in the Original Side of this Court is concerned, it has become necessary to advert to Order 29, Rule 2 of Original Side Rules which will be more useful at this juncture, which are extracted as herein:?