Re : Can a Witness Plead in the Case

Querist : Anonymous (Querist) 22 November 2010 This query is : Resolved
Dear Experts,

I am a witness in a Civil Suit filed by my wife ( plaintiff)against my mother.

Can I plead in this suit on behalf of the plaintiff . Is it going to affect the case.If yes, then Ok.

I no,then do I need Power of Attorney from her.

Kindly advise.

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R.Ramachandran (Expert) 22 November 2010
Dear Anonymous,
If you are only a witness, then you have no role to plead except answering the questions posed to you as a 'witness'.
If you are also an Attorney, then you are clearly prohibited from appearing on behalf of your wife. Please See Part-VI Chapter-II Rule 6 of Bar Council of India Rules.

Devajyoti Barman (Expert) 22 November 2010
What dd you mean by 'plead'? f you mean to say testimony then only on the basis of power of attorney you could testify on behalf of your wife but your version as a witness may not be conflicting.

Khaleel Ahmed Mohammed (Expert) 22 November 2010
Well advised.

adv. rajeev ( rajoo ) (Expert) 22 November 2010
You are a wittness you cannot enter into the shoes of the plaintiff.

G. ARAVINTHAN (Expert) 22 November 2010
Once you are appearing as witness in a case, then you gave only let in evidence on behalf of one person. That much suffice to defend the side you support. you cannot plead for any person in court

Daksh (Expert) 23 November 2010
agreed

s.subramanian (Expert) 23 November 2010
yes

Advocate. Arunagiri (Expert) 24 November 2010
A witness cannot plead on behalf of the plaintiff, even in the case of a husband. What ever you want say, you can say as a witness, there is no advantage of pleading on behalf of the wife, except that of saving advocate fees.

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