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.