- (1.) A preliminary objection was raised by the learned Standing Counsel to the extent that in absence of any Vakalatnama accompanying the memo of appeal in order to enable the counsel to represent his client, the appeal is not maintainable.
(2.) Mr. A. K. Gaur, learned counsel for the appellants on the other hand contends that Special Appeal is a continuation of the writ proceedings and, therefore, when the client is represented by the same counsel who represented in the writ proceedings, no fresh Vakalatnama would be necessary in the appeal. He also points out that Rule 10, Chapter IX of the Allahabad High Court Rules, 1952 does not prescribe that a Vakalatnama has to accompany memorandum of appeal though it has specified what document should accompany the memorandum of appeal.
(3.) Mr. Ran Vijay Singh, learned Standing Counsel on the other hand contends that by reason of Section 141 of the Code of Civil Procedure, the provisions of C.P.C. is not applicable and, therefore, reliance placed by Mr. Gaur on Rule 4, Order III C.P.C. is misplaced.;