Capacity to appear role in a single proceeding
Shardul Dev
(Querist) 23 November 2008
This query is : Resolved
Can a person, who in an advocate, appear as-
(1) a power of attorney holder on behalf of a party, and also
(2) an advocate to conduct the same case, and also
(3) a witness -
in a civil suit for injunction, restitution wherein the concerned party comprises of his family members and the suit is his family matter?
Tribhuwan Pandey
(Expert) 23 November 2008
many advocates appear in person in their personal cases before the court.
Advocates can appear/argue in their own matter in person but not in a capacity of an advocate.
G. ARAVINTHAN
(Expert) 24 November 2008
An advocate can handle his case and proceed with the case as an ordinary citizen.
He can conduct his case as an advocate but as a witness he have to remove robes and give evidence
K.C.Suresh
(Expert) 27 November 2008
He can in person appear and conduct his case as a party. If he is interested to a party it is unfair to appear as an ASdvoctae
J K Agrawal
(Expert) 14 December 2008
In such a situation when an advocate deposes he appears in his personal capacity and when he conducts the whole case his capacity is as an advocate. It is not barred. But the advocate is not a party to suit and is only a witness he should not undertake such case as it is against professional ethics.
Adv.Shine Thomas
(Expert) 17 December 2008
An advocate can argue his case while appearing in person as general public.
MCS-Barna Vs C.B.Ramanurthy,2002(3)RCR Cri.696(Karnataka)
