Whether Advocate can file no instruction pursis without issuing notice to client?

Whether Advocate can file no instruction pursis without issuing notice to client?

Time and again I have noticed the some of the civil Courts and the District Courts proceed on the assumption that once an advocate files "no instruction purses" he is automatically discharged as an Advocate representing his client. The said practice of the Courts taking cognizance of a no instruction purses which is filed without following the procedure laid down by the rules framed by this Court is to be deprecated. An Advocate cannot simply walk out of a proceeding only by filing such no instruction purses. He owes a duty to his client to appear for him in the proceedings till his appointment is terminated by an order of the Court. In view of the express provisions of the said Code and the Rules framed by this Court, the vakalatnama of the Advocate continues until leave is granted by the Court concerned in favour of the Advocate to withdraw his vakalatnama.
IN THE HIGH COURT OF BOMBAY

Second Appeal No. 755 of 2004 along with Civil Application Nos. 1200 of 2002 and 1398 of 2003

Decided On: 02.08.2004

Govinda Bhagoji Kamable and Ors.

Vs.

Sadu Bapu Kamable 

Hon'ble Judges/Coram:

Abhay Shreeniwas Oka, J.
Citation: 2005(1) MHLJ 651