VAKALATH Vs. MLMRAMANATHAN CHETTIAR

JUDGEMENT

(1.) In a Civil Miscellaneous Application Mr. T. M. Ramaswami Ayyar presented a vakalathnama drawn up in English but signed by the executant in Tamil. The office drew his attention to the fact that the proviso to Rule 23 of the Appellate Side Rules should be complied with. Mr. T. M. Ramaswami Ayyar has demurred to this and the matter has come up before me for orders. As this is a matter which affects the practice of the High Court I requested Mr. T. A. Anantha Ayyar to be amicus curiae and to present the case for the office. He has helped me greatly and I am thankful to him for the help.

(2.) Mr. Narayanan for Mr. T. M. Ramaswami contends that under Order 3, Rule 4 (1), Civil P.C., a pleader is bound only to produce a vakalathnama and the vakalathnama should be attested under Rule 4 only if the executant is a marksman, and if he is a person who knows to sign his name, his signature need not be attested. The proviso to Rule 23 of the Appellate Side Rules, upon which the office relies is as follows: Provided that when a vakalathnama is executed by any person who appears to the officer before whom it is executed or by whom the execution is attested, to be illiterate, blind or unacquainted with the language in which the vakalathnama is written, the officer shall certify that the vakalathnama was read, translated or explained in his presence to the executant, that he seemed to understand it and that he made his signature or mark in the presence of the officer.

(3.) In the vakalathnama filed by Mr. T. M. Ramaswami Ayyar there is no certificate to the effect that the contents of the vakalathnama were interpreted to the executant Ramanathan Chetti. The headman before whom the vakalathnama was executed simply signed his name and has not appended the certificate required by the proviso to Rule 23. The contention of Mr. Narayanan is that Rule 23 is ultra vires inasmuch as it conflicts with the clear provisions of Order 3, Rule 4, Civil P.C. Order 3, Rule 4 (1) says: No pleader shall act for any person in any act, unless he has been appointed for the purpose by such person by a document in writing signed by such person or by his recognized agent or by some other person duly authorized by or under a power-of-attorney to make such appointment.