PART B POWERS AND DUTIES OF ADVOCATES.
1. Subject to rules 2 to 6 below, any Advocate on the Rolls of the Court not under suspension, may plead or act in any suit, appeal or proceeding in which he is engaged.
2. No Advocate shall act for any person in any Court unless he has been appointed by an instrument in writing as required by Order III rule 4 of the Code of Civil Procedure, 1908, as amended by Act XXII of 1926.
3. No Advocate who has been engaged for the purpose of pleading only, shall plead on behalf of any person unless he has filed in Court a memorandum of appearance or unless he has been engaged by another Advocate duly appointed to act in Court on behalf of such person as required by Order III rule 4 sub-clause 5 of the Code of Civil Procedure, 1908,as amended by Act XXII of 1926.
4. Every appointment of an Advocate to act shall contain in full the name of the person or, where there are more than one, of every person who thereby appoints the Advocate to act on his behalf, and shall be executed by every such person.
5. When such appointment or power is not executed by the principal himself, but by some person claiming to appoint or give authority on his behalf, the Advocate will not be recognized by the Court without proof that such person was duly authorized by the principal to execute such appointment or power.
6. In cross-appeals, an Advocate who has already filed a power of attorney or memorandum of appearance for the appellant shall not be required to file another power of attorney or memorandum of appearance for his client as respondent in the cross-appeal.
7. Except with the special leave of the Court concerned, no Advocate shall in his own name, or in the name or names of any other person or persons, purchase any property or any share or interest in any property sold in execution of a decree or order in any suit, appeal or other proceeding in which he was, in any way, professionally engaged.
8. Where any Advocate receives any money from his client, he must furnish him with a statement of accounts, with receipts, where these can be obtained, for all sums of money above Rs.5/- disbursed on his behalf.
An Advocate shall be responsible for seeing that receipts are furnished to a client for all sums of money received by himself or by his clerk on his behalf. These should be signed by him and not merely by his clerk.
9. ***[Omitted].
10. When an Advocate accepts any appointment under Government, or in a limited liability, or other Company, or engages in any other employment not connected with his profession he shall forthwith give notice thereof to the High Court .
Explanation: Ministers of the Government, the Speaker and Deputy Speaker of Legislative Assembly, Parliamentary Secretaries and Parliamentary Private Secretaries are excluded from the operation of this rule.
11. ***[Omitted].
12. ***[Omitted].
FORM
Form of certificate of being borne on the Roll of Advocates/Vakils.
***[Omitted].
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