(Guest)

Eligibility to apper

Dear Experts An Advocate who had filed a Civil Suit as Party in Person whether he could appear for his Client as Advocate In a PIL with regard to the same case.This is in regard to a marriage hall constructed in Third Floor with out any approvals. In 2005 at Srirngam Marriage Hall 55 persons including bride groom died in a fire accident in an marriage hall functioning with out approval and this case is regarding an another please.Your Kind and firm reply would be very much appreciated Please .Thanks

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4 Replies

Vijay Raj Mahajan (Advocate) 18 November 2017

An advocate can appear for self as well any party in case both are on same side and has to appear against the same defendent.

Let me clarify, if the advocate in person files civil suit against someone, who is the defendent and another person who propose to files PIL against the same defendent, than this advocate can appear as the counsel for him too.

The ethics for legal practise is that an advocate not to appear against the party in the same suit/case whom he represented in a suit/case in the court.

(Guest)

Thank you Mr.Vijay Raj Mahajan. When the Advocate appears for the Petitioner in the PIL whether it could be objected in Honorable CJ's Court for the reason he had already filed a Civil Suit against the same defendant as party in person Please

Vijay Raj Mahajan (Advocate) 18 November 2017

That objection is not valid as the defendent is same in both cases. An advocate can appear for number of persons for same or similar matter in same court against common defendent/s. Till the advocate not appearing for defendent/s against whom he appeared in another matter in same court in a similar case it won't matter.