APPEARING IN HIGH COURT ON BEHALF OF SELF & BROTHER
SATISH KUMAR
(Querist) 26 December 2010
This query is : Resolved
Sir,
I want to present my case on behalf of self and my younger brother in an Appeal suit for partition of separate property of my deceased father as respondents/defendants before the Delhi High Court ?
What are the prerequisites ? I am graduate in law and my younger brother is 11th pass.
Is it within the powers of the High Court Judge to refuse me the permission ? Wil it be legally valid ?under which provisions of law i can contest the 'refusal' in case the Judge refuses permission ?
We cannot afford the fee of a Lawyer.
Kindly ADVISE.
# I request you to also kindly mark me reply/advice cc on my e-mail id :skdhanwal@yahoo.com
regards,
I Remain,
Your's Sincerely,
Satish Kumar
9810544388
R.Ramachandran
(Expert) 26 December 2010
Dear Mr. Satish,
In the way in which you have stated that you a Graduate in LAw, I presume that you have not enrolled yourself as an Advocate.
Only Advocates have the monopolistic right to represent others in the Court of law.
As far as you are concerned, you can represent yourself in the case. No court will refuse you the permission.
Your younger brother who is in the 11th Standard, if he is a major (18 years and above) according to Indian Majority Act can appear in person. YOU CANNOT REPRESENT HIM as you are not an Advocate.
DEFENSE ADVOCATE.-firmaction@g
(Expert) 26 December 2010
See and read other posts where people have appeared in person and than blaming judges and what not.
Advocate not only knows laws but procedures and techniques.
Just read an example- two deciples went to a guru . One asked while praying can he smoke the reply was NO.
Other asked whether he can smoke while praying the answer was yes.
FACTS AND SITUATION IS SAME BUT RESULTS ARE DEFFERENT AND THAN THE DEFEATED ONE STARTS BLAMING EVERY ONE ELSE THAN HIM SELF.
Advocate. Arunagiri
(Expert) 26 December 2010
You can represent your own case.
If your brother gives POA to you, you can conduct the case on behalf your brother too.
If you are not having means to pay the Advocate fee you can go to the legal aid center available within the court premises and get free legal aid.
Guest
(Expert) 26 December 2010
YOU CAN APPEAR AS PARTY IN PERSON.YOU HAVE TO FILE AN AFFIDAVIT IN REPLY ON BEHALF OF RESPONDENTS MENTIONING ALL DETAILED FACTS AND YOUR SAY TO THE APPEAL.YOU MAY ENCLOSE THE LIST OF DOCUMENTS WITH THE SAID AFFIDAVIT IN REPLY.GOOD LUCK.
YOU MAY TAKE HELP FROM LEGAL AID DEPT.
STILL IN CASE YOU NEED ANY FURTHER HELP YOU MAY KINDLY SEND DETAILS WILL HELP .GOOD LUCK.
Murali Krishna
(Expert) 26 December 2010
Advocate Arunagiri rightly said that under POA, the person can appear also for his brother. There are any number of decisions on the issue.
N.K.Assumi
(Expert) 26 December 2010
Good that you are graduate in law but question is whether you have the license to plead as an advocate, if not you can not conduct the judicial proceedings. there is a case where a couple travel from southern end right up to the Nationsl Capital to argue before the Apex court as reported in the case of T.C.Mathai and Another vs District & Session Judge Thiruvaranthpuram, Kerela: 1999-(003)-0614-SC. The Apex court after canvassing the provisions of the advocate act, Crpc etc held that a person holding power of attorney can not conduct judicial proceedings unless the court permit it: and I am of the view that only in the rarest case would the court give permission to conduct judicial proceedings, after all conduct of case is a serious job and there are also legal aid to assist you if you don't have the means.
Advocate. Arunagiri
(Expert) 26 December 2010
Under order 3 rule 1, 2, 3. the party can represent either by party in person or recognized agent or pleader.
Additional :-
1. The same matter was discussed in LCI see the link below:-http://www.lawyersclubindia.com/forum/Re-Presence-before-the-Court-13622.asp#66693
2. Citation 1.
In the case of Pavithra Vs. Rahul Raj (AIR 2003 MADRAS 138 it has been held that the recognized agent of the party in a Family Court proceedings cannot be allowed to prosecute it. Considering the various provisions of the Family Courts Act which follow the procedure different from the Civil Courts, it is observed that the parties themselves can be heard. Some times legal assistance can be provided. However, personal appearance of the parties is inevitable to comply with the mandatory provisions of the Family Courts Act. Though the authorized agent, who is not a legal practitioner can file a petition, he can only prosecute or defend it or represent the party only until the Family Court passes an order directing the party to appear in person depending upon the facts and stage of the case.
Citation 2:- In the case of Sudha Kaushik Vs. Umesh prasad Kaushik (AIR 2005 GUJARAT 244) upon considering the law under normal circumstances as aforesaid it was held since that case the petitioner's life was in danger his father was allowed to represent his son in the interest of justice
So, the law permits the POA to conduct the case.
N.K.Assumi
(Expert) 26 December 2010
Under the Family Court Act, rather the party are not entitled to be represented by a legal practitioner as a matter of right, and only in the interest of Justice the Family court may seek the assistance of a legal expert as amicus curiae.
Kirti Kar Tripathi
(Expert) 27 December 2010
i think, position of law has been made clear by my learned experts. it requires nothing to add.
Gulshan Tanwar
(Expert) 28 December 2010
About being you as your brother's representative.
The evidence would not be credible as it is derivative evidence. rest I agree with my Ld.friends.
