Procedure for apearing party in person
triveni.s
(Querist) 02 February 2016
This query is : Resolved
sir I have civil case in city civil court,in that I want to appear as party in person without advocate.may I know the procedure for that.
ROHIT SHARMA
(Expert) 02 February 2016
1. If you are well versed as how to address and submit an application before the relevant court then all that you need is to do is to make one such application citing therein that you are well versed with the matters of the proceedings before the court and will be able to answer any question put to you by the court and that you therefore request the court to permit you to appear as a party in person. Affix Rs, 3.00 court stamp on such application and submit to the court clerk on the next date of hearing.
dr g balakrishnan
(Expert) 02 February 2016
You need be well versed is the tacit implication in appearing in person idea..you should be a person of normal civility in your behavior, giving proper respect to any any one.
All you need to place yr simple facts before the court that is all; no need to make so called citations and the like; a normal advocate's ploy;
courts do nat want citations, just it needs yr case facts that is all, court is there to duly respond.
dr g balakrishnan
(Expert) 02 February 2016
My suggestion to any client never rush to court, for it always unwise mechanism for it develops a lot of bad blood with the respondents.
Wise better try to use mediation path, by tansactional advocacy means; transactional advocates would not suggest you to fight but ensure you to work on a path of least resistance ie. you would work on a mutual accommodation mechanics;
my advice to any client is find out all means of roads of settling methods; when completely failed, (normally would not is my experience as an advocate), that would take you to practically to no tears;
Advocacy came not to cause adversarial approaches always;
but what i find these days, every one behaves like a fighting cock, result some one is badly hurt; that is not the purpose of advocacy;
today law schools teach law students how to fight never teaches there are several easy methods of solving any issues.
if you had been rightly guided, u may not have come to the court where u will argue.
Everything is not settled in adversarial arguments only friend;
if you are a cool person, many of the issues are settled very amicably.always.
that only situation led us to go for mediation conciliation arbitration methods.
A lot of divorces could be set right without divorces if we adopt a mechanics of least resistance - eg.. if one is hot, then do not proceed with your approach, after all anger is a very short span issue only, once cool every thing is back to poise and reasonableness.
dr g balakrishnan
(Expert) 02 February 2016
Anyway u have come to the court, in person, now one has to be very careful...just place facts only nothing more, judges would not ask you to file citations, if they ask your citations what is their role as judges, so just talk about facts that occurred only.Citation mechanism is advocacy promoted idea only.
if judges need to be provided citations, why we need judges,or lawyers, at all, think a while!
dr g balakrishnan
(Expert) 02 February 2016
Advocacy is to help one is better up by wisdom of what to say where, when, why, how, and what to say that is enough.
judges cannot deliver wrong judgements just because you did not file citations;
so legal realism questions the so called case law methods that are followed blindly for anything.
Rajendra K Goyal
(Expert) 03 February 2016
You can appear, however, must consult some professional for procedure.
