Non Advocate pleading in Court and disciplinary Action matte

Dear Mr.N.K.Assumi,

As it is evident from the meaning and practice of Amicus curie (the friend of the court) likewise if a person is so authorized by the Court it means that the Presiding Officer of the Court is using the delegated judicial power as per the Authority of the Chief Justice of that particular State/read with the High Court Rules.  As such evidently there is no contravention or voilation of any statute or guidelines.  Secondly the Bar Council ipso facto has to restrict itself  being an authority for licencing,authorizing and regulating the Advocates intending to practice - as it does not have a privy it can't do much.  Even otherwise the courts are vested with inherent powers and within which if it grants permission to a person to appear and plead the same can't be enroached upon by Bar Coucil for that reason. (as the same comes within the defination of "State").

Best Regards

Daksh

Dear Daksh, Thank you for the responds. Regarding Amicus Curaie, are members of the bar or other stand by who is heard by the leave of the Court to assist it in the case before it and not engaged by any of the parties. But in the case of a non advocate who is permitted by the Court to plead to defend and became subject to disciplinary action under the Advvocate Act, while so acting be subject to Advocates Act?

state bar will not initiate ant disiplinary action aganist the non advocate.

Mr. N. K. Assumi,

There is no absolute bar to non advocate person to plead before Hon'ble Court, but he can plead with the pre permission of that Hon'ble Court and not as a matter of right. There is lot of difference between a practise (profession) and represent for some relatives or friends. 

The Order III Rue 1 CPC contemplates that a recognised agent can do 'any appearance, application or act'. That means a recognised agent can appear, make applications and take such steps as may be necessary in the course of the litigation as a matter of right as a provision in CPC, he can not plead before the Hon'ble Court as matter of right but he can plead with the pre permission of the Hon'ble Court and such application should be made by the principal (party in the case).

The sec. 2 (q) the CRPC defines pleader as, "pleader", when used with reference to any proceeding in any Court, means a person authorised by or under any law for the time being in force, to practise in such Court, and includes any other person appointed with the permission of the Court to act in such proceeding;

That means any other person which is appointed with the permission of the Court come within the perview of the defination of pleader.

The sec. 32 of the Advocates Act, 1961 as "Power of court to permit appearances in perticular cases.- Notwithstanding anything contained in this Chapter, any Court, authority or person may permit any person, not enrolled as an advocate under this Act, to appear before it or him in any particular case.”

There are so many case laws of Hon'ble Supreme Court and Hon'ble High Courts on this issue.

Thank you.

Dr. Rajkumar H. Pol.

My email address :     

rajkumarpol@rediffmail.com

Cell : 9850755276

Mr. N. K. Assumi,

There is no absolute bar to non advocate person to plead before Hon'ble Court, but he can plead with the pre permission of that Hon'ble Court and not as a matter of right. There is lot of difference between a practise (profession) and represent for some relatives or friends.

The Order III Rue 1 CPC contemplates that a recognised agent can do 'any appearance, application or act'. That means a recognised agent can appear, make applications and take such steps as may be necessary in the course of the litigation as a matter of right as a provision in CPC, he can not plead before the Hon'ble Court as matter of right but he can plead with the pre permission of the Hon'ble Court and such application should be made by the principal (party in the case).

The sec. 2 (q) the CRPC defines pleader as, "pleader", when used with reference to any proceeding in any Court, means a person authorised by or under any law for the time being in force, to practise in such Court, and includes any other person appointed with the permission of the Court to act in such proceeding;

That means any other person which is appointed with the permission of the Court come within the perview of the defination of pleader.

The sec. 32 of the Advocates Act, 1961 as "Power of court to permit appearances in perticular cases.- Notwithstanding anything contained in this Chapter, any Court, authority or person may permit any person, not enrolled as an advocate under this Act, to appear before it or him in any particular case.”

There are so many case laws of Hon'ble Supreme Court and Hon'ble High Courts on this issue.

There is no question of the disciplinary action for the non advocate person by the bar council beause he is not member of bar council and when Hon'ble Court grants the permission to plead no any further question of the law arise.

Thank you.

Dr. Rajkumar H. Pol.

My email address :      rajkumarpol@rediffmail.com

Cell : 9850755276