Conducting of case
ajay mundhra
(Querist) 04 May 2012
This query is : Resolved
Can an individual conduct his own case along with his counsel(lawyer).
Practically in a civil suit when I personally tried to make some plea to the JUDGE he said if you wish to speak in the court you need to withdraw your lawyer.In an outstation case,I wish to plea for my case whenever I am present in the court and when I am not present, let my lawyer plea for me but for that judge says you need to file fresh VAKALATNAMA everytime whenever your lawyer wish to plea and withdraw it whenever you want to plea.Is judge legally correct in his stand? Please clarify
V R SHROFF
(Expert) 04 May 2012
YES, THE JUDGE IS CORRECT.
After filing VP, your Lawyer will plead for you, not you.
Suhail A.Siddiqui
(Expert) 04 May 2012
Since you get professional services of a lawyer, it means you are in safe and better hands therefore, OP/ Judge have right objection
SAINATH DEVALLA
(Expert) 04 May 2012
Ajay,
You can't question the rules of the law and the court.You cannot act on your own when you have entrusted the case to a lawyer.You have not right to talk, as and when you wish to do so in the court,even in the absence of your lawyer.The judge is the supreme authority.
JANAK RAJ VATSA
(Expert) 04 May 2012
dear ajay, i can understand your anxiety with regards to conduct of ur case. but in the circumstances since u have already taken the services of a lawyer, so legally he has the right of audience in the court. however u need to be close to him and as and when the situation permits can keep giving him inputs if u have of anything what he has missed out.
ajay sethi
(Expert) 04 May 2012
when you have engaged a lawyer he has to conduct your case . you can always hold confernce with lawyer and give your inputs . similarly in court you can give your inputs but only to lawyer
ajay mundhra
(Querist) 05 May 2012
Thanks to all for their valuable time and suggestion.But I am still confused.I have appointed a lawyer to plea for me in my absence.When I am present in the Court,I would like to plea for my case.As per Judge, every now and then I have to file and withdraw VAKALTNAMA.It is absurd and if it is law please help me by quoting the exact provision/reference/guidelines.
Letus understand this case in other manner. Can two ADVOCATEs be appointed in a single case? Can both of them plea at the same time or as per their conveneyance or as per preference of Client. If answer is in affirmative, why cannot myself and my lawyer plea my case as per my choice?
Please help me to clear my concepts.
RAJU O.F.,
(Expert) 05 May 2012
The advise given by the judge was very correct as per legal practice. If you are confident to conduct your case yourself, you may do that ( I don't advise for that)as party in person, without engaging an advocate. Then the problem would be that you become more emotional and miss vital legal points and further there is every chance you would submit some facts or legal grounds, which may be counter-productive in your case.
ajay mundhra
(Querist) 05 May 2012
RAJU sir..plz see my query again....I wish my lawyer to plea in my absence...Plz for the time being forget whether I would be plea my case properly or not...that is friendly advise...I need legal advise with reference to appropriate provisions....and plz see that judge has not advised...he has ordered me to keep quiet or remove Vakalatnama of lawyer
V R SHROFF
(Expert) 05 May 2012
As far as Ur VP is on record, only your Adv can represent you.
Even if two adv, if one start cross examn, second adv cannot ask questions.
Any One can address the BAR. not both.
ur VP debar u.
ajay mundhra
(Querist) 05 May 2012
ofcourse....two man cannot argue the case simultaneously...
but SIR please apprise me the legal provision/guideline/reference which debar me to plead my case as because I have signed a VP.
Logically VP is a sort of POWER of ATTORNEY and I wish him to attend case or plea in my absence only.I have filed VP as a cover for my absence.It is a sort of standing request to Court.Why time of court should be wasted in withdrawing and filing VP every time I wish to plea my case or my lawyer to attend in my absence.
Sir,Please recheck..there cannot be any such legal provision which debar me to plead my case as because I have submitted a VP.
Above all, my sincere thanks for your keen and kind interest in the matter.My query may be a childish one but it is always difficult to convince a child.And I will not be convinced without reference to a statutory provision or a case law.
Shonee Kapoor
(Expert) 05 May 2012
I differ with experts here.
One can plead his own case with the permission of the court even if there is a vakalatnama.
Only few courts deny the opportunity to the person.
I have myself done so. Only one time it irritated the presiding officer. And the reasons were different.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
ajay mundhra
(Querist) 07 May 2012
does court have right to deny? why permission of court is needed ? Can some one site me legal provisions ? plz understand that legal expert may have different opinions but I am in need of legal provisions...
in democracy...no body is SUPREME....every body is tied with RULES and REGULATIONs...so is COURT...and JUDGE too....Why should some one be dependent of FANCY IDEAS of JUDGE to plead his own case....I feel that PLEADING is my FUNDAMENTAL RIGHT....and I humbly request all learned EXPERTs who have given their opinion in the matter to substantiate their opinion with relevant provisions of law.Bare opinion is of no value in the eye of law.
ajay mundhra
(Querist) 15 May 2012
All respected Experts
I sought your help to know the relevant provisions of Law in connection with pleading of individual but I got only advises which were not supported by legal provisions.
I think 8 days are sufficient for experts to quote relevant legal provision.
you all are humbly requested to enlight the exact legal provision for my query.
Thanks for your interest.
