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Memorandum of Appearance

The document is a Memorandum of Appearance for a court case, allowing an advocate to represent the Plaintiff(s)/Defendant(s)/Appellant(s)/Applicant(s)/Petitioner(s). It outlines the scope of power of attorney, emphasizing that courts are bound by it but cannot refuse to recognize implied powers. Additionally, it clarifies that service on counsel is insufficient if the counsel has not been engaged for the appeal.

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100 views2 pages

Memorandum of Appearance

The document is a Memorandum of Appearance for a court case, allowing an advocate to represent the Plaintiff(s)/Defendant(s)/Appellant(s)/Applicant(s)/Petitioner(s). It outlines the scope of power of attorney, emphasizing that courts are bound by it but cannot refuse to recognize implied powers. Additionally, it clarifies that service on counsel is insufficient if the counsel has not been engaged for the appeal.

Uploaded by

abhirajatlaw
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as RTF, PDF, TXT or read online on Scribd

MEMORANDUM OF APPEARANCE

IN THE COURT OF...................................

Suit/Appeal/Revision No............................... of.......................19..................

................................................................................................................. Plaintiff(s)

Appellant(s)

Applicant(s)

Petitioner(s)

Versus

................................................................................................................. Defendant(s)

Respondent(s)

MEMORANDUM OF APPEARANCE

Sir,

Please put in my appearance in the matter above mentioned for the


Plaintiff(s)/Defendant(s)/Appellant(s)/Applicant(s)/Petitioner(s) by whom I have been duly
authorised to plead in the matter.

Dated......................... 19........................ Advocate

Address .....................................................

......................................................

case law

SCOPE OF POWER OF ATTORNEY

The Courts of law are bound in a power of attorney, but they cannot refuse to recognise the
implied powers conferred therein. It implies the power to file suit on behalf of the executant in
his name or otherwise and for his use and benefit.1

WHEN SERVICE ON COUNSEL IS NOT SUFFICIENT SERVICE

Where the counsel stated that he has not been engaged in the appeal, it means that the
duration of his appointment was up to the lower court, and any service of summons in appeal
upon such counsel is not a sufficient service.2
1. Dinesh Chand v. Bitola Devi, A. I. R. 1984 All. 116: 1983 All. C. J. 621.

2. Kundan Lal Jain v. Municipal Corporation of Delhi, A. l. R. 1984 Delhi 231:


1984 Rajdh. L. R. 255.

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