Self-representation in high court of madras
Mohandoss.R.
(Querist) 05 February 2014
This query is : Resolved
Sir,
In fact, my father filed a WP in Madras HC in my name in 2008. Recently Our Counsel has been appointed as Judge here. The other Counsel who agreed to represent replacing the first counsel, is now NOT willing to appear. Case details, doc evidences are on high side. I am unable to find a suitable fire-brand/sincere Lawyer. So,I wish to conduct it myself. Even after 5 years/specific Court order to file the counter within 4 weeks, none has filed it even after 4 years. So, we filed our written arguments about 3 years back. Only oral arguments is to be made. Kindly advise me the procedure to self-represent. Where I can find the relevant Rules. Also advise if I can authorise my Father to argue the case in my absence, as I am about to leave for Canada. He is well versed with the relevant laws/facts. Sirs, kindly advise at the earliest. THANKS in millions, Sirs.
Devajyoti Barman
(Expert) 05 February 2014
Buy a high court appellate side Rules of the court.
Even if you want to represent yourself you can always get a junior lawyer engaged who may stay by you side to guide the procedures.
Guest
(Expert) 05 February 2014
Get the application drafted for appearing Party in Person and file it along with Vakhalat for change signed by your existing advocate.Meet the High Court Registrar and confirm.Let your father sign the same.If you are really confident you could succeed with out Lawyer.Also attend the courts when you are free and make observations it would help you.
Rajendra K Goyal
(Expert) 05 February 2014
You can appear for your case. Your father who is not enrolled as lawyer would be allowed to represent you in high court is doubtful. If you have confident take help of some High Court Lawyer for procedure.
Mohandoss.R.
(Querist) 05 February 2014
Dear Sirs,
Our heart-felt THANX for your immediate reply. Kindly have mercy on me and clarify the following:
(a)Where can I "Buy a high court appellate side Rules of the court". Can I get it thro' RTI Petition from the High Court or from Law Book Publishers,,?
(b) Do I need to state the complete reasons in the application drafted for appearing Party in Person, including my departure for Canada..?
(c) NJSRaj Kumar Sir has stated "Let your father sign the same". Sir, Shall I cite my moving to Canada and request the Court to permit my father to plead if the WP comes up during my absence & due to paucity of time to reach India..? (In fact my father is thorough with what is to be pleaded). Will the Court allow him to plead (in view of the doubt raised by RK Goyal Sir.? Kindly do clarify Sirs.. Lot of THANX Again Sirs, to each of you.
Guest
(Expert) 06 February 2014
Since your father is not the party in the case only your self could appear as Party in Person and not your father.The application to appear as party in person is just with two paragraphs and simple .Meet the admission officers in writ section when they are free they would help.Mean time get the Change of Vakhalat signed by your existing Advocate.Once every thing is over after oral arguments you will have to file Written arguments in which you will have to attach citations of similar cases judgements which you would get in India kanoon website.Meet the Admission Officer in Writ Section Or meet some Friendly Lawyer in Free Legal Aid Forum who would guide properly.If your father is also party in the case he could appear.
Mohandoss.R.
(Querist) 06 February 2014
Dear Sirs,
Earnestly & profusely THANK U Sirs for your immediate clarification. Sir, kindly reply:-
(a)Where can I "Buy a high court appellate side Rules of the court". Can I get it thro' RTI Petition from the High Court or from Law Book Publishers,,?
Again THANKS a lot Sir.
T. Kalaiselvan, Advocate
(Expert) 07 February 2014
You can browse it through internet also. These days there are facilities for vedio conferencing for conducting the cases through video conferencing, please go through the link, you will find some useful information to conduct the case while in abroad too.
http://www.cips.org.in/public-sector-systems-government-innovations/documents/video-conferencing-in-judicial-proceedings-an-innovative-practice.pdf
Mohandoss.R.
(Querist) 07 February 2014
Sirs,
To each one of YOU,I profusely THANK Sirs.
The case relates to my Degree studied in an AICTE-approved Engineering College. I was admitted to the course by my father when I was a minor. It was he who took decision as per prospectus and paid the fees. Thus, it was he who was misguided by Engg-Educational Authorities. In view of these facts, can we seek court's order to add him also a party to the litigation..? He has the capacity to put up a strong front. It will also solve the problem arising in my move to Canada. Sir, kindly advise, with procedure. Thanks a lot Sirs.
Guest
(Expert) 07 February 2014
Your father could file an Impleading petition as party and represent as Party in Person but for you definitely an advocate is required to represent you. Consult a good lawyer.
Guest
(Expert) 07 February 2014
Your father could file an Impleading Petiton and make him self a party in the case.You definitely need an advocate to represent you.Your father could be party in person.Consult and appoint a good Lawyer.
Mohandoss.R.
(Querist) 07 February 2014
Dear Sirs,
Warm Regards. Finally, with your guidance, the solution is in sight, I feel. Very nice of you NJSR Sir.
kindly reply:-
(a)Where can I "Buy a high court appellate side Rules of the court". Can I get it thro' RTI Petition from the High Court or can I get it from any Law Book Publishers,,?
Again THANKS a lot Sir.
Guest
(Expert) 07 February 2014
Just visit the High Court Writ Section and identify a friendly Admission Officer.They would help you.
Devajyoti Barman
(Expert) 07 February 2014
Buy a book from book store.
Since you do not stay often in india , I do not think representing case by you in person or through your father is not all a good idea , let alone a wise one.
Mohandoss.R.
(Querist) 08 February 2014
Sirs,
With warm regards, I THANK all you Lawyers for all your guidance/advise Sirs.Very NICE of YOU.
Guest
(Expert) 08 February 2014
All the Best
T. Kalaiselvan, Advocate
(Expert) 10 February 2014
I agree with the opinions of all the experts, @ Mohandoss, let me wish you with successes in all your endeavors.
Mohandoss.R.
(Querist) 10 February 2014
Hello TK Sir, Thank you very much. Hats Off to every one of you, the learned people, for the involvement you all show to answer the laymen's queries. Thanks again, Sirs.
