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Discussion > Family Law > Divorce > CAN A PERSON FILE APPEAL/REVIEW PETITION WITHOUT LAWYER?   Unanswered Threads Post New Topic

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There are 36 Replies to this message


wilson


service
[ Scorecard : 89]
Posted On 05 April 2010 at 21:55 Report Abuse

hi all ! my friend lost DVC case filed by his wife [details of which will be posted in another topic] both in magistrate court and also in sessions court. we feel that his lawyer at lower court stage was managed by opponent lawyer who has not even attended for arguments on behalf of my friend and simply filed a small petition to dismiss the DVC case [ heard thru others that the magistrate was most corrupted person and the case was closed in one month after he took charge which was prologing for one and half year when other magistrates were in seat ]written . Magistrate might have got money from petitioner and issued judgement confirming many points of DVC petition which were not put for cross examination or in arguments stage of both sides. 

My friend upset with the onesided order he went for appeal in sessions court where the judge upheld the lower court order and without considering the points raised in appeal. His advocate at sessions court stage unable to pin point the lapses in lower court judgemental order. As we lost faith in advocates, can my friend draft and file his own appeal in High Court i.e. without an advocate,with attaching necessary documentary evidences [  he didnt got opportunity to produce such documents as the case was one sided at lower court and magistrate warned him only to answer the questions raised by petitioner's lawyer [their family lawyer], misleaded the court with his own version and hided many facts which now my friend want to bring to the notice of High court and many other facts which were not appeared in DVC case trial.

pls adivse..



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Lawyerscba


Advocate
[ Scorecard : 46]
Posted On 05 April 2010 at 22:56 Report Abuse

There is no problem in filing and appearing personally pursuing your case in appeal / review, however it is always good to have a good lawyer if you can afford.  



S.B _Kolkata


Service
[ Scorecard : 827]
Posted On 05 April 2010 at 23:07 Report Abuse

You are suggested to take a good lawyers who will guide you properly.



Dr. V.N.Tripathi


Advocate Supreme Court and Delhi Courts.
[ Scorecard : 9428]
Posted On 05 April 2010 at 23:30 Report Abuse

Self medication is restricted to a large extent.

Self pleading is permitted in every court.

But, self medication is done to a large extent and self pleading is done in  rerest cases or by exceptional litigants.



Total thanks : 1 times


Sreenivas V


S/W
[ Scorecard : 386]
Posted On 06 April 2010 at 23:35 Report Abuse

in addition to what wilson said here but in my case it is JUDGE who is the most corrupt, our advocate is good. Can any one suggest how to file a case on the Judge. Our advocate is saying wait untill the JUDGE get transferred as he is going to be transferred this year april. But I don't want to leave that guy I want to file cases on that JUDGE as I have complete proof. Even that case causes small damage to him also it is ok but i want to teach him a lesson.



Kamal Grover


Advocate High Court, Chandigarh M:09814110005 email:adv.kamal.grover@gmail.com
[ Scorecard : 2118]
Posted On 06 April 2010 at 23:51 Report Abuse

you can file yourself but proofs should be strong else there are vaious authorities which says that you cannot file any case against any judge.

So the best idea is approach the higher court inspecting judge or write to the higher court and he will deal this matter and if you have solid proofs then publish in the newspaper. It will result immediately.

In court you will not be able to proof it properly. An example is High court judge case "Cash in hand at judge nirmaljit kaur door" case of punjab and haryana high court.

So try to do it differently coz "Pani me reh kar magar se bair karna mushkil hai par bahar khade ho kar us ka shikar easy hai.

So good luck.



Dr. V.N.Tripathi


Advocate Supreme Court and Delhi Courts.
[ Scorecard : 9428]
Posted On 07 April 2010 at 09:07 Report Abuse

You may complain to the chief justice or administrative judge.

This is a public forum. Kindly avoid shouting on judges or lawyers !!! It is not proper and it may amount to contempt also.



wilson


service
[ Scorecard : 89]
Posted On 07 April 2010 at 10:06 Report Abuse

I THINK MR KOMAL GROVAR AND DR TRIPATHI SIR WERE REFERING TO THE POSTING OF MR SRINIVAS..

 

IN OUR CASE I DONT WANT TO BLAME EITHER MAGISTRATE/JUDGE OR LAWYERS..

MY ONLY DOUBT WAS WHETHER WE CAN FILE THE APPEAL/REVISION PETITION IN HIGH COURT ON OUR OWSN WITHOUT AN ADVOCATE AS THERE IS NO USE SINCE LAWYER DONT GET TIME TO PREPARE THE NOTES AND ARGUE PROPERLY AND OPPONENT LAWYER AVOIDING THE MAIN CAUSES TO RAISE IN COURT.



Dr. V.N.Tripathi


Advocate Supreme Court and Delhi Courts.
[ Scorecard : 9428]
Posted On 07 April 2010 at 16:50 Report Abuse

yes Mr vilson . my reply posted just herein above was intended to comments of mr sreenivas.

You may file in person a case/appeal / review /revision or whatever proceedings are required in any court. But , our experience shows that most of the litigants who try to plead inperson , are advised by the courts to take help of an advocate. because, a litigant who has no legal trainning , often plead those facts and points which happens to be legally irrelevant , moreover, missing  relevant points. Further, a person pleading his own case tends to be emotional rather than placing legal arguments.

Therefore I would advise that even an advocate should avoid to plead in person. and even a doctor should avoid self medication.



O. Mahalakshmi


Law practiece
[ Scorecard : 1601]
Posted On 10 April 2010 at 11:00 Report Abuse

You have to file case with the help of a well known advocte.




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