SidChiBharg (Software) 25 December 2013

Power of attorney for arguing for parents as party in person

Hi Friends,

My estranged wife filed 498a/406 in July 2010. I had filed sec 239 in District Court against the charges for me and my parents. My application was rejected. I then immediately filed a revision u/s 397 against the order of district court in session court. My application was again rejected. Charges against me and my parents in 498a/406 were then framed in Trial Court in September 2012. I have now filed an appeal u/s 397 (as Party in Person - PIP) against the framing of charges. I have now drafted the contents of the appeal myself learning from the mistakes done by us (read my lawyer and me) in the previous 2 appeals. I have also filed 22 judgments in support of my appeal from Supreme Court and various High Courts.

I would be arguing in Session Court for myself and my parents. Recently in the initial hearing in the session’s court the opposite party had raised the point that I can only appear as PIP for myself which the Hon’ble Judge also agreed but I cannot argue for my parents. I said that I would file Power of Attorney (POA) for my parents. But then the opposite side lawyer contended that it’s a Criminal Appeal and I cannot appear for my parents. I was then given next date for arguments for the same.

My Queries:

1) Is it legally correct which the opposite party lawyer is saying that since its a criminal appeal I cannot argue for my parents inspite of POA for my parents. If YES then what could be the workaround. Are there any supporting judgments for the same? Since I have drafted the appeal myself I don't think any lawyer would argue for me anyhow I don't want any lawyer to argue on my behalf as I do not want to waste my appeal.

2) What other arguments can I put forward in front of the Judge so that he allows me to argue for my parents. Please do provide me supporting judgments for the same.

Please guide me.

Thanks and Regards,

Sid.

Reply Follow

3 Replies

(Guest)

You could argue on your behalf as party in person but definitely not for your parents.My personal advise you could take this risk of PIP for yourself for your parents atleast engage a lawyer and take his guidance for your representations also.Do not take risk with your parents and more over court will not allow you to represnt them

T. Kalaiselvan, Advocate (Advocate) 25 December 2013

If you do not want to engage a lawyer for representing your parents even for name sake i.e., to endorse your view on their behalf and since the opposite side lawyer is also insisting that you cannot appear for your parents, you make the parents present in the court and make them to appear as party in person too, ask them to endorse your views on the subject matter without making them to argue the issue before the judge, they have to just nod to your views, this cannot be objected by the other side or the court.

MOHANA SUNDARAM (Advocate High court Madras. M-9840908555) 26 December 2013

you cannot appear for your parents even with power of attorney because as per advocates act PoA can be given only to advocates to argue on behalf of one person (see - 2011 Goa antibiotics Vs Chawla). Instead you can try Kalaiselvan sir's idea.