Can I appear in person in a petition in High Court?

Querist : Anonymous (Querist) 13 April 2011 This query is : Resolved
Our new land lords have filed a petition in the High Court against BMC for issuing Notice for criminal prosecution to them and have also made 17 other tenants party to it where in my wife is also a party as tenancy is in her name. Now my queries are as under:

1) I am having her POA so can I appear in person on her behalf ?

2) Do I have to file a written statement on her behalf and get it affirmated by the concerened dept. of High Court or I can merely present my self in the court with Original and Zerox copy of POA?

Pl. clarify and help ?

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Advocate. Arunagiri (Expert) 13 April 2011
Yes you can appear on your wife's behalf.

You have to file the original POA.

Naresh Kudal (Expert) 13 April 2011
I do agree with Mr. Arunagiri.

R.Ramachandran (Expert) 13 April 2011
With due respect, I differ with the views of the experts here.
(1) First and foremost a non-advocate cannot be permitted to address the court on the 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.

Thus, the querist can only Submit the written statement signed by his wife; watch the proceedings. That's all. He cannot address / make any statements or present arguments before the Court.

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