Can a power of attorney holder fight cases in court by removing an appointed lawyer
Divya
(Querist) 22 December 2012
This query is : Resolved
Dear Experts
Some matters like Writ Petitions In High Court and Civil Proceedings in District Court are being handled by a lawyer for my parents and brothers..
I do not find the lawyer co-operative as he has not drafted any petitions properly nor is he doing correct work in other courts for my parents and brothers.
Can I make an application before the court that all writ petitions and civil proceedings in other courts will be contested IN-PERSON (i.e. by my parents and by my brothers)
But my parents and my brothers will not personally contest any proceedings…They will give me the power-of-attorney to contest petitions and civil proceedings IN-PERSON on their behalf. I want to file new petitions and proceedings before the various courts and contest the case as a power-of-attorney holder for IN-PERSON proceedings.
Please suggest the right course of action.
ajay sethi
(Expert) 23 December 2012
it is not advisable to fight legal cases in person . if you are dis satisfied with lawyer change your lawyer .settle his account and he will give you NOC
Devajyoti Barman
(Expert) 23 December 2012
Yes you can at anoy point for time remove your advocate and ask for permission of the court to fight the cases in person representing both yourself and your relatives.
M V Gupta
(Expert) 23 December 2012
Fresh cases on the same cause of action as in the present pending cases would not be permissible.
Guest
(Expert) 23 December 2012
Change the lawyer and appoint another lawyer if you are dissatisfied with him. Do not contest in person. Appearing in person in a court of law is akin to a non-medical practitioner performing a surgery. The consequences could be disastrous in both the cases.
As you are not an advocate you have no authority to appear and plead for others in the court if you are not a party to the case.
Ashish Davessar
Advocate
Supreme Court of India
Punjab and Haryana High Court
PARDEEP KUMAR
(Expert) 23 December 2012
Ms. Divvya,
Except relation, you haven't disclosed your standing, whether you are a party in writ petitions, cases before lower courts etc., however, it appear that just on the basis of relationship, you are interested to contest case of your father, brother. Position stated by Mr. M.V. Gupta, is very true, comment of Mr. Davessar are also correct. See, individual concerned with the case has emotional attachment with the issue and he/she does whatever, he/she is not required to and in most of the cases, they kill their own case, The best course of action would be 'take whatever is drafted by your existing lawyer to some other lawyer, take his/her advise, if your apprehension is found correct, ask your father, brother to change their lawyer' then get application moved for amendment in plaint under order 6 rule 17 of the Code of Civil Procedure, 1908, or if some facts have missed out, cover them in rejoinder, replication etc., as the requirement would be.
