Can layman file his own case without help of advocats and do all necessary what advocates do till judgement? Please let know correspoding legal provison.
bhanudassss (service) 18 May 2010
Can layman file his own case without help of advocats and do all necessary what advocates do till judgement? Please let know correspoding legal provison.
N.K.Assumi (Advocate) 18 May 2010
No is the answer, because the advocates are the only priveleges class of person that can plead in the Court. Suppose you give a power of attorney to a layman and not to an advocate, can such layman act as an advocate by virtue of the power of attorney? No is the answer and this had been decided by the Spreme Court.
Iqbal A. M. Shaikh (Advocate) 18 May 2010
I difer on this
In Maharashtra as per the https://court.mah.nic.in/courtweb/static_pages/faq.php#forum2
Can I plead my own case or my relatives case without advocate?
Yes, there are no provisions in law through which engagement of advocate is compulsory. Person may file or defend any case personally without engaging advocate. You may plead case of your relative in court after securing power of attorney from your relative subject to permission of council of 32 of Advocate Act.
N.K.Assumi (Advocate) 18 May 2010
Yes, Iqbal, you are absolutely right regarding section 32 of the AA, prior permission is required in defending other. But reading section 30 and 33 of the AA read with section 32 of the Act, if a person is to represent other person in a criminal Court prior permission of that Court is necessary and it is not necessary that such pleader should hold power of attorney in the case. Case on point is: Jimmy Jahangir Madan vs Bolly Cariyappa Hindley D) by Lrs. 2004-(009)-JT-0558-SC.
Bhartiya No. 1 (Nationalist) 19 May 2010
But can anyone file and fight his own civil case?
Arup (UNEMPLOYED) 20 May 2010
Mr bhanu
yes you can file. but not suggestable as because you donot know the rules.
Mr asutosh,
Yes civil, criminal, matrimonial , labour all cases party in person can do.
b.srikanth sharath (advocate) 21 May 2010
yes every citizen has right to file/pleade his own case as per constitutional rights and procedural rules with some exemptions and exceptions but its not that easy to plead the case as there are many u truns in the legal battles one should have legal knowledge to pleade the case
the thing is you can appoint a lawyer and pleade few facts, dates, adjurnments assist your pleader for better pleading of the case in legal battles one should be a jack but not master
Adv. Sanjay Kadam (Proffessional) 14 November 2010
There are Legal Provisions as to appearance of the parties. Civil Procedure Code, 1908 provides:
"Order-III, Rule-1. Appearances, etc., may be in person, by recognized agent or by pleader-
Any appearance, application or act in or to any Court, required or authorized by law to be made or done by a party in such Court, may, except where otherwise expressly provided by any law for the time being in force, be made or done by the party in person, or by his recognized agent, or by a pleader appearing, applying or acting, as the case may be, on his behalf:
Provide that any such appearance shall, if the Court so directs, be made by the party in person."
Certainely person can appear and plead his own case; civil, criminal or any other. Not only before the Trial Court, but also in appeal.
Jamai Of Law (propra) 14 November 2010
Ha ha ha ha!!!
If you want to do away with lawyers...........then..............You should have asked this question not on LCI but to doctors, engineers, pilots!!! .....and not to any lawyer in the first place!
Jokes apart...
Yes.......It's possible .........but not feasible more often than not..
unless it's really a trivial matter....but very trivial matters don't reach to court generally (again as a general rule...but don't know your case!!!)