AIR 1922 BOMBAY 207 ::1922 Bom LR(270) 744 ::1922 (24) Bom LR 744 ::(1922) 69 Ind Cas 169

Bombay High Court

Hon'ble Judge(s): Macleod , C.J. AND Kanga , J

(A) Civil P.C. (5 of 1908) , O.9 R.13— Ex-parte decree-Application to set aside - No fresh Vakalatnama is necessary - Legal Practitioner. Where an ex parte decree is passed against the defendant in the absence of his pleader, the latter need not file a fresh Vakalatnama in order to apply to set aside the ex parte decree. It seems to be taking an extremely narrow view of the rules with regard to Vakalatnamas to say that the effect of the old Vakalatnama had expired as soon as the ex parte decree had been passed and that it would be necessary before a pleader could be heard that he should obtain a fresh one. (B) Bombay Pleaders Act (13 of 1920) , S.10(3)— Section is not exhaustive and no fresh Vakalatnama is necessary for applying to set aside ex-parte decree. Section 10 (3) is not exhaustive, and it should not compel the Court to decide that if a party or his pleader is late in attending a Court, and his case comes on for hearing in his absence, the pleader, if he appears after the case has been decided cannot be heard until he has gone back to his client and obtained a fresh Vakalatnama authorizing him to make an application to set aside the ex-parte decree. (C) Civil P.C. (5 of 1908) , S.115— Scop....