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Samir Modasia (Lawyer Daman 09825947684)     06 August 2008

Lawyer's Clerk

Dear Members,

I am practicing at Daman Court.

I have a question about which the Civil manual is silent.

I have a Lawyer's clerk duly appointed by the district court as per the chapter XXXII paragraph 633 of Civil Manual (Maharashtra State).

My clerk is attending the court and sitting in the raw which is meant for advocate. Some senior Lawyers have objection to his sitting there. But the manual is silent about the duty/obligations/limitations and function of the Lawyer's clerk. Even about sitting.

So I want to know from you, where he should seat? whether he can submit the application to the court in absent of lawyer? Is he allowed to inspect the file/record as Lawyer is?

Pl. reply!!!!!!!!!!!!



Learning

 2 Replies

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 )     07 August 2008

Mr. Sameer,


Power of court to permit appearances in particular cases:-


Not withstanding anything contained in Right to practice chapter, any court, authority or person may permit any person, not enrolled as an advocate under this Advocates Act, to appear before it or him in any particular case.

Srinivas.B.S.S.T ( Advocate)     07 August 2008

An advocate clerk can represent to the bench but he cannot sit in the row meant for advocates. Its a practice.


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