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Counsel Can Sue In Cause Initiated By Client If He Has Independent Cause Of Action

In N.SATHEESH KUMAR vs FAMILY COURT, NEDUMANGADU, the Kerala High Court has held that if the counsel of a litigant is aggrieved in a cause initiated by his client and if he has an independent cause of action, he can sue in his own name.

The counsel for a litigant before the family court had himself challenged before the high court the objection raised by the registry of the court with regard to attestation in in vakalath, which he filed along with the maintenance case.

Justice Dama Seshadri Naidu, speaking for the division bench, headed by Justice PN Ravindran, said: “It needs no much cogitation on our part to hold that a counsel cannot carry legal proceedings in his own name in a case initiated by his client. This proposition, however, needs to be qualified. If the counsel is aggrieved and, even in a cause imitated by his client, if he has an independent cause of action, he can sue in his own name.”

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