Marni Papaji Rao (Advocate) 18 March 2013

Order 3 rule 1 cpc

I filed a case and engaged an advocate. the suit is dragging on and the Advocate is busy otherwise . The Cross examination of the Defendants witnesses was done by me. Only At the time of arguments the opposite party counsel objects that I cannot argue the case. . Is there any bar that I cannot argue the case as party in person eventhough there is a advocate on record?of course My own advocate has no objection.

Will appreciate help advice and any precedents

thanks

papajiraomarni@gmail.com

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4 Replies

Advocate M.Bhadra 18 March 2013

Yes, you can but you should file a petition in respect of your appearace supported by an Affidavit.

Civil Procedure Code

ORDER III -RECOGNIZED AGENTS AND PLEADERS (THE FIRST SCHEDULE)

1. Appearances, etc., may be in person, by recognized agent or by pleader-

Any appearance, application or act in or to any Court, required or authorized by law to be made or done by a party in such Court, may, except where otherwise expressly provided by any law for the time being in force, be made or done by the party in person, or by his recognized agent, or by a pleader appearing, applying or acting, as the case may be, on his behalf:

Provide that any such appearance shall, if the Court so directs, be made by the party in person.