can a man fight for his own case in court..??
Sudhanshu mondal
(Querist) 18 October 2017
This query is : Resolved
Can a man fight for his own case in court without a lawyer ....?? If yes what is the procedure to apply...? Which law book i have to read..?
Vijay Raj Mahajan
(Expert) 18 October 2017
Yes can do it yourself provided you are fully conversant with the subjective well procedural law of the country as well rules applicable in the State where you go for litigation without taking services of qualified lawyer.
In a lighter mood, it's just like going for your own surgery or medical treatment rather depending on Surgeon or Physician.
Guest
(Expert) 18 October 2017
I will be honest, I did both took cases In person then studied law also.
You can take case In Person but whether you have studied? This is the first question
Second Civil Procedure its even Bare act is highly complex with hundreds of amendment hay way done and to get grip is very difficult so you can make lot errors , even how amendment is done presently there are conflicting view in some amendment.
Third you need to have experienced person who is ready to teach you or guide you professionally to prevent any major error .
Fourth Some time you make drastic error without your intention because person fails to understand the concept (Even freshers get some time scolding from Judges and that you need to accept and prepare )
When I was 19 -20 years old and I use to appear in Civil Court it was done in different fashion , I was not even graduate. One experienced adv. use to dictate application to me in his office , I use to write its dictation then put proper court fee stamp etc. he use to check and latter I use to go in Hon. Court and slowly I started learning to talk and present application in Court . Means situation became Adv. was controlling the case from behind and I was doing clerical work of submission or slowly learning for presentation. But only that Adv. could do this thing for me because he use to charge less fee and at the single time he use to have hundreds of cases and no time to appear in court at the same time he knew my background too that many are law graduate in the family and to encourage me for study.
Criminal matter also I saw some taking in Session Court etc but they are experienced criminal and also they have studied very well
But at same time I will tell today also I need help at the different level and I take help some time of experience adv professionally in specific area , I sincerely know my limitation and person who accept facts what he don't know and need help can only move ahead because he knows that he needs to take help of experienced person in specific area of law etc.
I started doing this thing because I wanted to honestly study also.
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But if you have a financial problem of not able to pay Adv. fee etc. better take help of Dist. Legal aid cell , state legal aid cell etc. They help in case of a financial weak person.
adv. rajeev ( rajoo )
(Expert) 19 October 2017
Yes. related to his case he has to thru., the law of that case
Dr J C Vashista
(Expert) 20 October 2017
Legally no one can stop you contesting your case as "party-in-person" provided you are competent enough to take on the challenge and risk of its result.
However, legal process and procedure are too complicated, take notice of the fact.
Guest
(Expert) 20 October 2017
Sorry to point out , there was one case in Bombay High Court saw on Live Law , which took place in front of Justice Gautam Patel. Party in person was allowed to appear without mandatory formalities, Court has discretion that it can allow if formalities are not completed.
(In Bombay High Court there is one formality which has to be completed party appearing in person, they have to appear in front of some officer whom you have to give 3-4 explanation 1) Why you are taking case in person 2) Why you don't want state legal aid cell help 3) Whether you are ready to take assistance of person whom can guide you 4) Undertaking that you will not use un-parliamentary words etc in front of court or in court premises by words or gesture)
Now this person used some wrong words and in my opinion did contempt of court, In Court Judge is considered above Union .state and common man . So he can not be considered equal , after doing contempt he was warned once or twice but he did not stop and was aggitated and did further contempt.
So Justice Gautam Patel made a written order if this person appears in his court in person , the matter should not be taken on board and de-listed , Hence forth in his court this man case can be entertained only with presence of Adv, either from legal aid cell or private . He can not appear in person in front of him. So if you make such mistake remeber such orders can be passed and High Court order regarding this matter is now precedent regarding In person party all over Maharashtra . This incident took place 5-6 months back if I am not wrong.
Rajendra K Goyal
(Expert) 20 October 2017
You can appear in person in your case.
Inform the court accordingly during proceedings.
It is advisable to have the services of a professional.
