I am having an advocate on rec but can i appear as in person


Respected Gurus , 

Greetings for the day !!

I am having an advocate on record , but I would like to attend as party in peron from now on with out taking No objection from the advocate . can I appear as a party in person from now on and file any petition with out the advocate signature , when ever I want I will include the advocate but can I alone attend and file the petitions with out the signature of the advocate and only with my signature with out taking No objection . Please advice me .

Regards ,

VK 

 

 
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p

Which type of case is and what is your background legally , means experience of cases ? 
See half guidance can lead to disaster and proper guidance can lead to solution 

 
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p

The question which I asked is related to Subjective Act involved? 
There is some procedure in some case before attending In Person . That too you may have to do 
 

 
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Advocate

If you  engage an Advocate - only he can argue the matter before the court on your behalf.  

Having engaged an Advocate, if you prefer to argue the case as party in person, you can do so (without NOC from the Advocate) by informing the Court accordingly.

However, you cannot ask the Advocate to appear some times, and argue in person at some time.  Either you do the case as 'Party in person' or through an Advocate.  There is no hybrid permissible.

 
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Venkat,

i have an advocate. She has represented me all this while in court. There is no rift between my advocate and me. When it came to the cross examination of the complainant I was not in agreement with what the the advocate was going to ask. So I firmly said that I am going to cross her. She agreed. And she also said she will file a vakalatnama again after this. On the day of crossing when I said I don't have an advocate and I will cross, judge agreed but asked me to give an affidavit. I typed an affidavit saying the lawyer herself retired from my case and I am going to cross. No sign of the lawyer is required.  I got the necessary advises from this forum only.

yes Venkat, you can reappoint him if you want. But only that if you are confident, you continue, the judge should not think that you are over smart. Because once upon a time he must also have bee a lawyer. But if your lawyer fully agrees with you why should there be any problem. Ramachandra has advised

 

 
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Chartered

Mr. Venkat,

 

Your advocate has to first withdraw the Vakalatnama (NOC) and then you can proceed to go as party in person.

With an advocate on record, although on certain occassion court may be liberal in allowing you to be heard, but eventually the Adv on Rec representation will be final. Apart, the opposing counsel has the right to and will object to your way of representation i.e both you and counsel.

Irrespective of any Act, this is the Court Practice and Procedure.

Bala Srini FCA., LL.B.

 

 
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You may argue in person by notifing the court. It is advisable to have an advocate to hav ebest results. Because as an  advocate we know art of arguments.

Adv. Nitish Banka

Practicing Advcate Supreme Court of India

nitish@lexspeak.in

 
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Thanks Every one who responded in this matter , I have filed petition u/s 44 of evidence act as an IA in the main OP ,  since my advocate not feeling on 14th Dec 2017 well I have filed this petition  as an IA , the family court given the number this IA . I have given the notice to other party as order by the court , now the other party advocate raising the objection regarding the maintability of the petition stating that  since I have filed a this  petition  as a party in peron as already enguage an advocate but my concern here is I have sign the petition and write my advocate name but with out the signature of the advocate , I felt like I have right to file the petition  as advocates not mantaroy in family matters  they act like amicus curie only . should advocate signature mandotory if I file the petition as party in person or either one's signature is enough .

please clarify me .

Regards,

VK 

 

 
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Thanks Every one who responded in this matter , I have filed petition u/s 44 of evidence act as an IA in the main OP ,  since my advocate not feeling on 14th Dec 2017 well I have filed this petition  as an IA , the family court given the number this IA . I have given the notice to other party as order by the court , now the other party advocate raising the objection regarding the maintability of the petition stating that  since I have filed a this  petition  as a party in peron as already enguage an advocate but my concern here is I have sign the petition and write my advocate name but with out the signature of the advocate , I felt like I have right to file the petition  as advocates not mantaroy in family matters  they act like amicus curie only . should advocate signature mandotory if I file the petition as party in person or either one's signature is enough .

please clarify me .

Regards,

VK 

 

 
Reply   
 

Thanks Every one who responded in this matter , I have filed petition u/s 44 of evidence act as an IA in the main OP ,  since my advocate not feeling on 14th Dec 2017 well I have filed this petition  as an IA , the family court given the number this IA . I have given the notice to other party as order by the court , now the other party advocate raising the objection regarding the maintability of the petition stating that  since I have filed a this  petition  as a party in peron as already enguage an advocate but my concern here is I have sign the petition and write my advocate name but with out the signature of the advocate , I felt like I have right to file the petition  as advocates not mantaroy in family matters  they act like amicus curie only . should advocate signature mandotory if I file the petition as party in person or either one's signature is enough .

please clarify me .

Regards,

VK 

 

 
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