Nature, scope and extent of contract between a counsel and his client.

 2023 MLD 483

Section 2 of the Power of Attorney Act, 1882 deals with execution under power of attorney. This section applies to the power of attorney created by an instrument. Similarly, provisions of sections 182 to 238 of the Contract Act, 1872 deal with the appointment and authority of agents. Words “Agent” and “Principal” have been defined in section 182.

A counsel who is appointed to represent his client proceeds to act on behalf of principal as per the powers so conferred on him under the ordinary rules governing the relationship of principal and agent as determined by the terms of power of attorney. Powers so conferred on a counsel would indeed create mutual obligations inter se the parties and an attorney would fall within the definition of agent as contemplated under section 182 of the Contract Act, 1872. The contract between an advocate and his client is essentially governed by the general rules of contract as embodied under the various provisions of Contract Act.

It is almost an established principle of law that power of attorney should be construed strictly and be interpreted to give only such authority as it confers expressly or by necessary implication.

There is no cavil with the proposition that by dint of section 17(2) of Family Courts Act, 1964, provisions of sections 8 to 11 of Oaths Act, 1873 are made applicable to the proceedings before Family Courts. The underlying wisdom of above hinted provision of Family Courts Act, 1964 is swift and expeditious settlement of Family disputes for the simple reason that a Family dispute is not limited to the four walls of home between two persons viz., man & wife, rather it has impact on the souls and minds of all near and dear to the contesting parties and it may disrupt not only the mental fabric of both the parties but also of those who are not even party to it directly particularly the children and the parents of the parties.