November 25, 2013

Supreme Court Practice And Procedure: for changing advocate on record in Supreme Court (Not advised)

Neither advocates in Supreme Court, nor judges in Supreme Court encourage
litigants to allow changing of advocates.

Sometimes, case may not be going on as per expectation of litigant. So litigant often may want to change his advocate on record. But neither other advocates like to accept such briefs, nor judges encourage such things.

The Supreme Court a Rules say that no advocate on record shall file a
Vakalatnama in Supreme Court without first obtaining a NO OBJECTION from
earlier advocate on record.

If he gives NO OBJECTION, than Court has no objection for allowing change of
advocates on record.

But if earlier advocate refuses to give NO OBJECTION because of some unpaid
fees or for other reasons, than litigant is required to file an Application before
Chamber Judge to exempt him from requirement of filing NO OBJECTION.

Normally, as per my experience, Chamber Judge also asks litigant to get NO OBJECTION and gives some date.

The Court does not encourage practice of changing advocates without
just cause.

Haresh Raichura
25/11/13