Do i need noc from advocate
Maya Singh
(Querist) 18 July 2024
This query is : Resolved
My advocate asking for more fees which I cant afford. Hence want to appear in person in my commercial suit in city civil court. Do I need an NOC from my lawyer or can I appear in person without NOC? Further do I have to give any application or affidavit to appear in person?
T. Kalaiselvan, Advocate
(Expert) 18 July 2024
You first issue a notice to your lawyer asking for NOC while communicating your decision to terminate the vakalatnama given to him.
Irrespective of your lawyer furnishing NOC, you may file a memo before trial court intimating your decision to appear as party in person
kavksatyanarayana
(Expert) 18 July 2024
Yes. You shall send a letter requesting your lawyer for NOC as you have decided to attend in person or you can file a petition memo to present in the court in person.
Maya Singh
(Querist) 19 July 2024
what is a petition memo? is it be in the form of interim application/ chamber summons or just an application on plain white A4 size paper? Do I have to mention about the advocate's NOC in the petition memo?
T. Kalaiselvan, Advocate
(Expert) 19 July 2024
It is not a petition memo, it is just a memo seeking permission to appear as party in person.
You change the lawyer and get it done through a new lawyer
Maya Singh
(Querist) 19 July 2024
so do I have to mention anything about me not possessing advocate's NOC in the memo?
T. Kalaiselvan, Advocate
(Expert) 19 July 2024
You can always say orally before court that you have terminated the vakalatnama given to your lawyer and have engaged a new lawyer, if you are appearing as party in person then you may have to file a memo for appearing as party in person.
Maya Singh
(Querist) 21 July 2024
Do I have to address this memo to the Registrar or to the Hon'ble Judge?
Maya Singh
(Querist) 21 July 2024
Matter is pending at City Civil Court, Mumbai.
T. Kalaiselvan, Advocate
(Expert) 21 July 2024
The memo is to be prepared in the format as prescribed and submitted before the court where the case is going on.
You can contact the new advocate who will prepare it for you
P. Venu
(Expert) 22 July 2024
Generally, no special permission is required to appear in person. However, Supreme Court as well some High Courts have laid down the norms requiring permission to appear in person.
To my knowledge and understanding, the litigant can revoke the vakalat at his/her discretion without any reason and inform the Court accordingly.
