Party in person
Guest
(Querist) 03 October 2013
This query is : Resolved
Experts, request your kind response for the below questions
1)which is the reference section of CPC or CRPC or Constitution which gives legal validity to Party in person. Please help.
2)once wakalatnama is filed by advocate, can the court bar the respondent from talking in the court saying you have a lawyer and lawyer will only talk? is there a law on this too ? if yes,which law? Please help.
Nadeem Qureshi
(Expert) 04 October 2013
read the books as cpc, crpc, constitution
Guest
(Querist) 04 October 2013
Thanks Nadeem Sir.
I think, this question was not meant to be asked here.
Nadeem Qureshi
(Expert) 04 October 2013
Dear Querist
this is academic query, you should read the books because academic query may not be entertain in expert thread. don't take otherwise.
P. Venu
(Expert) 04 October 2013
The query, though may be academic,is interesting and of much much social relevance.
Any person has the inherent right to appear in person and plead/prosecute/defend his case. Rule 1 Order III of the CPC and Section 304(2) of the CrPC may please be seen.
prabhakar singh
(Expert) 04 October 2013
The right to say and defend is embedded in a human by birth said Aristotle and the same is recognised in our constitution too.
What we can personally do,can also do by agent,and where we choose to appoint an agent for court proceedings he can be only
an enrolled advocate.
A Court can however allow anybody to address it.
Advocates Act lays provisions in this regard.
The court asked you not to address because of decorum which is also integral part of the system.Withdraw power if you want to pursue proceedings personally.But mind courts are also presided by humans like you
and may suffer with temperamental issues of the kind you are suffering.If I have a right and it is you to decide it I can not
gain irritating you should always be born when the whole humanity and people psyc nowadays seen largely governed by ego.
R.K Nanda
(Expert) 04 October 2013
nothing to add more.
V R SHROFF
(Expert) 04 October 2013
nothing to add more.[I CANNOT ADD ANYTHING EXCEPT MY POINTS ]
Not adding any value to such Reply// Neither benefit any reader the Reply/ except wasting their time.
Experts must add value to Query, instead of such evasive Reply, Especially it exceed over 80% of reply of such similar type..
ANSWER::ANYWAY: PRESIDING OFFICER OF THE COURT [JUDGE]have his pleasure to listen to anyone he likes!! including party in person.
Material and relevant submission is possible, only a Advocate represent the case. In rare cases that party knows the procedure and do not waste valuable time of the court.
So it is discouraged.
Rajendra K Goyal
(Expert) 04 October 2013
law entitles both sides to be listened in person but for material submission advocate is preferred. Burdened court in order to confine to relevant portion of the proceedings may have preferred to be represented through Lawyer.
Guest
(Expert) 05 October 2013
Your basic right to represent yourself cannot be denied.
