A suit, which was dismissed for default, can be set aside and restored to file under Order IX Rule 9 of the Code of Civil Procedure (CPC), on the basis of an application made by the Advocate on the strength of Vakalatnama executed by the plaintiff in his favour in the interest of justice, says the High Court of Kerala in Balakrishnan v Geetha N G.
In arriving at the decision, the high court relied on the judgement of the Supreme Court (SC) in Ananta Pandu Porobo Desai and others v Lalita Poi [(1978) 2 SCC 681(1)].
In short, by virtue of vakalatnama, without having any special authority, it is presumed that counsel had an implied authority to present a petition under Order IX Rule 9 of the CPC, duly signed by him for the party he represents.
The Plaintiff need not sign the petition for setting aside the order of dismissal for default and restoring the application on file.
References
- Balakrishnan v Geetha N G
- Ananta Pandu Porobo Desai and others v Lalita Poi [(1978) 2 SCC 681(1)]
