Self representation in court?
Querist :
Anonymous
(Querist) 18 September 2010
This query is : Resolved
Is it possible for a plaintiff to represent himself in court, without a lawyer? Suit is for possession of immovable property against unlawful occupant. If plaintiff cannot represent himself, what opportunity does he get to speak before the court explaining the grounds for his suit and relevant statutes under which it is claimed before the court?
I know this is possible in some countries, and in some high profile cases individuals have chosen to represent themselves because they wanted publicity or could not find an acceptable lawyer (or any other reason). But not sure about India. Does right to self representation exist? What about right to fire lawyer during the case?
Amita Chaudhary
(Expert) 18 September 2010
yes a pliantiff can always represent his case himself but SUIT procedure is very complicated as lot of stages are there before the matter reaches for final hearing... 1st pleadings are to be completed, then admission and denial of documents, therafter, farming of issues, then evidence has to be led by the parties, whereupon the suit is listed for final hearing.. all this takes lot of time and lot of formalities which a lay man may not know and be aware of the procedure is laid down under Civil procedure code, therefore, its better to have a lawyer to guide you as it would take longer if you are not aware of the formalities and the procedure properly...well you can change your advocate any time and arrange for another advoacte or you request the court to discharge you advocate and argue urself with the permission of court, which is normally granted by the court...best of luck
Querist :
Anonymous
(Querist) 18 September 2010
Thanks Amita. Yes I realise I am unfamiliar with procedures and it would waste my time to try myself. I have an unusual case but my lawyer is not intelligent enough to exploit available provisions in my favor and I know he will argue badly in court and loose the case. When I meet him I always have to inform him about provisions in the applicable statute. He just has in his mind what the general rules are and cannot think creatively about alternatives and loopholes.
Parthasarathi Loganathan
(Expert) 19 September 2010
But even brilliants falter when they try to represent their own case. Better engage a learned counsel
Amita Chaudhary
(Expert) 21 September 2010
in case your matter is at final stages then you can engage a good advocate for final hearing as no point sticking with such adv whom you have to remind about the provisions of law..all the best..
