Applicable crpc, cpc, constitutional article

Nilu (Querist) 25 April 2013 This query is : Resolved
Hello,
One of my client was practicing as a lawyer in a district court. Now he is working with a State govt. aided intermediate college. But he also attends and defends his own case in the district court regarding property case.

My query - Under what CrPC, CPC and constitutional article can he do this. Please suggest.

Regards,
Nilu

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Raj Kumar Makkad (Expert) 25 April 2013
If he is your client and also a law graduate continuing defending his own cases, what harm you are going to suffer?

Vidhi Joshi (Expert) 25 April 2013
ofcourse he can, but he can't take other private matters.

Devajyoti Barman (Expert) 26 April 2013
yes, he can but not for others.
I am not sure about your concern for him doing do.

Nilu (Querist) 26 April 2013
It is a family property matter and the property is in the name of his mother.

Nadeem Qureshi (Expert) 26 April 2013
if he is also a advocate except this he is also a comman litigant and he has right to defend his own case. this is his fundamental right.

Dr J C Vashista (Expert) 26 April 2013
Any person can defend one's own case as petitioiner/plaintiff in person and there is no restriction, irrespective of the fact that s/he is employed somewhere.

prabhakar singh (Expert) 28 April 2013
Great! as it is a question from an advocate
for his/her client who also is an advocate!?

Your client has taken permanent employment,then he should surrender his sanad is the first thing to do.

Anyone can defend or sue personally his/her personal cause without engaging any agent but if anyone chooses to defend are sue through an agent then that agent must be an advocate unless the court specifically permits him.

So for circumstances told for this particular case, your client can proceed to look after his mother's property case,provided in case of any objection raised by opposite side in this regard,he would be required to seek court's permission which court would grant is my bona fide belief.

Hence understand accordingly.

Nilu (Querist) 29 April 2013
Thanks to all the Practioner's for their feedback.

Dear Advocate Prabhakar,

Thanks for your suggestion. With refernce to your suggestion -

"So for circumstances told for this particular case, your client can proceed to look after his mother's property case,provided in case of any objection raised by opposite side in this regard,he would be required to seek court's permission which court would grant is my bona fide belief"

- wanted to know under which section of the law could my client seek Court's permission to represent his mother's case ?

Regards,
Adv Nilu