ARGUMENTS IN DISTRICT COURT (CIVIL CASE).
Querist :
Anonymous
(Querist) 01 December 2010
This query is : Resolved
1. DOES THE LAW PROHIBIT A PERSON FROM ARGUING HIS OWN CASE IN DISTRICT COURT (CIVIL CASE) IN THE ABSENCE OF ADVOCATE. IF YES, THEN WHY THE COURT ASKS FOR THE PRESENCE OF ADVOCATE.
2. CAN A PLAINTIFF CROSS EXAMINE DEFENDANT IN DISTRICT COURT (CIVIL CASE) IN THE ABSENCE OF ADVOCATE. IF YES, THEN WHY THE COURT ASKS FOR THE PRESENCE OF ADVOCATE.
3. CAN THE DEFENDANT AFTER GETTING LEAVE TO DEFEND FROM ADJ, AND FILING W S, RAISE MORE ISSUES AT THE TIME OF ARGUMENT IN CIVIL CASE.
KINDLY GIVE YOUR EXPERT OPINION WITH THE HELP OF RELEVANT SECTIONS OR THE CASE LAWS IF POSSIBLE. THANKS IN ADVANCE.
adv. rajeev ( rajoo )
(Expert) 01 December 2010
You have engaged an advocate to conduct the case on behalf of you, unless he retires from the case you cannot argue and cross examine the wittnesses If you have got lever from the court then you can examine the witnesses and argue the case.
Guest
(Expert) 01 December 2010
THERE IS an old saying that it is the wearer who knows where the shoe pinches.
Ans 1--- No... law never prohibit A PERSON FROM ARGUING HIS OWN CASE ,
C.P.C. "Order-III, Rule-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."
Certainely person can appear and plead his own case; civil, criminal or any other. Not only before the Trial Court, but also in appeal.
Ans 2--- same as above
Ans 3--- No, he can't raise more issue which nt pleaded in W.S...... but can file application under order 6 rule 17 for amendment in pleading...
Rule 17. Amendment of pleadings.-
The Court may at any stage of the proceedings allow either party o alter or amend his pleadings in such manner and on such terms as may be just, and all such amendments shall be made as may be necessary for the purpose of determining the real question in controversy between the parties.
Provided that no application for amendment shall be allowed after the trial has commenced, unless the Court conies to the conclusion that in spite of due diligence, the party could not have raised the matter before the commencement of trial.
Advocate. Arunagiri
(Expert) 01 December 2010
You notice in the summon itself it is said that you can appear in person or through an advocate.
After filing the w/s you can not raise more issues, all should be based on the plaint and w/s.
