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Can a Non-Advocate plead for others in Court ?

Querist : Anonymous (Querist) 29 October 2010 This query is : Resolved 
I am not an advocate and my mom is fighting a case against her tenant to get evicted,many times I feel like pleading for her in the court(I am well aware of the facts of this case).

My query to the experts--can I do this or not ?

If yes,what is the process ?

If not,please tell the reason,if any specific ?
DEFENSE ADVOCATE.-firmaction@g (Expert) 29 October 2010
You can do it but can not do justice with the case.
Tribhuwan Pandey (Expert) 29 October 2010
No, you cannot plead on behalf of your mother because under Advocates Act only advocate can plead on behalf others.
However your mother can plead for herself in person.
s.subramanian (Expert) 29 October 2010
Yes. You can take the permission of the court by filing a petition under Order III Rule 1 of CPC to act as the agent of your mother. There is no bar.
R.Ramachandran (Expert) 29 October 2010
With due respect, I think that there is whole lot of confusion here on this issue.
(1) First and foremost it has to be understood that a non-advocate cannot be permitted to address the court ont he strength of power of attorney. AIR 1990 AP 340.
(2) The right to plead, practice in Courts for a principal is the monopoly right conferred on registered Advocates. AIR 2001 Guj. 279 (283)
(3) The Order III Rue 1 CPC contemplates that a recognised agent can appear, make applications and take such steps as may be necessary in the course of the litigation for the case of the principal being properly laid before theCourt. IT CANNOT JUSTIFY HIS BEING ALLOWED TO ARGUE AND PLEAD. Refer AIR 1936 Oudh 261.
(4) The words 'any appearance, application or act' in Order III Rule 1 CPC do not include pleading or arguing. A recognized agent holding a general power ofattorney therefore, cannotbe allowed to plead and argue for his principal under this Rule. Refer AIR 1959 Raj. 35.
Parthasarathi Loganathan (Expert) 29 October 2010
Superb interpretation of the extant provisions by Mr.Ramachandran. Cheers!
Querist : Anonymous (Querist) 29 October 2010
Mr. Ramachanderan and other friends,thnx that U replied but please make it clear in a layman language that whether I can work as an Advocate for my mother or someone else even if I am a Non-Advocate

or

Not ??


Layman language please......
Kirti Kar Tripathi (Expert) 29 October 2010
I agree with Mr. Ramchandran. He has placed the correct position of law in this regard.
R.Ramachandran (Expert) 29 October 2010
Dear Mr. Anonymous,
The answer to your query is 'NO'. You cannot work as an Advocate (when you do not have any legal degree at all) on behalf of your mother.
Arvind Singh Chauhan (Expert) 29 October 2010
Thanks to Ramchadran Sir.
SAINATH DEVALLA (Expert) 26 February 2015
NO U cannot plead and the reasons have been well explained by the experts.First of all U cannot enter the court hall,because U are no where connected with the case.Hence better educate UR mother how to represent her case,if UR not satisfied of UR advocate.


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