Appearance as party in person - reg.

Vasudevan (Querist) 20 September 2023 This query is : Resolved
Respected Learned Experts,I had engaged an Advocate for a tenancy dispute before the lower court (Addl. District Munsiff Court). I had paid him 50% of the fee already. Now my advocate license was suspended by the bar council due to some allegations against my advocate, for which I am not the reason. For the past 1 year I was appearing and seeking adjournment as per the advise of my advocate. Now, the Judge has refused to give further adjournment and directed to conduct the case from the next hearing. My advocate neither returns the papers nor giving NOC and demanding full fees to do so. When I approach the other advocates, they are asking to get NOC and the case papers from my advocate. Whether I can appear as Party In Person before the District Munsiff? If so, please clarify whether I have to file Memo or Miscellaneous Petition seeking for permission to appear as party in person? Please also share any draft petition in the matter, if possible. Thanks to all Learned Experts in anticipation.

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If your advocate's license is suspended and they are refusing to return your case papers or provide a No Objection Certificate (NOC) unless you pay the full fee, you can still represent yourself in court. You do not need an NOC; simply terminate the vakalat (power of attorney) given to your advocate by issuing a notice, preferably via registered post. File a copy of this termination notice with the court and request permission to appear as a party in person.

T. Kalaiselvan, Advocate (Expert) 20 September 2023
You do not have to wait for the advocate to give NOC, you can just issue a notice intimating that you are terminating the vakalat given to him and file a memo before concerned court with the copy of the notice and seek court's permission to permit you to appear as party in person

Advocate Bhartesh goyal (Expert) 21 September 2023
You need not to take NOC from your Advocate just terminate vakalat ( power ) and intimate him through regd post and submit copy of termination letter in court along with new Advocate's power.

Vasudevan (Querist) 21 September 2023
Much obliged by the clarifications issued by Learned Experts S/Shri T. Kalaiselvan and Bhartesh Goyal.

T. Kalaiselvan, Advocate (Expert) 21 September 2023
You are welcome for your appreciations and understanding.

Dr. J C Vashista (Expert) 23 September 2023
No NOC is required. Just terminate vakaltnama of the advocate already engaged.
You must appear in the court without any authorisation from anyone and proceed as required.

Vasudevan (Querist) 23 September 2023
Much obliged by the response of Learned Expert Dr. J C Vashista. Once again hearful thanks to Learned Expert Shri T. Kalaiselvan.

Dr. J C Vashista (Expert) 24 September 2023
You are welcome Mr. Vasudevan
Thanks for your kind gesture of appreciation.

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