Petitioner in person contesting writ of mandamus
Sandeep
(Querist) 25 May 2015
This query is : Resolved
Can I contest a case of writ petition under Mandamus as a petitioner in person without engaging an advocate?
Anirudh
(Expert) 25 May 2015
From your query, I understand that you are not even knowing the legal position in regard to appearing in 'person'.
As rightly answered you can definitely appear as party in person, not only in the writ petition, but in almost all proceedings.
Having said that, you should also know some of the advantages and disadvantages by appearing in person.
1. It will save legal fees.
2. Party in person can definitely put his points (to his heart's content) before the court.
3. Can derive sense of satisfaction that he has appeared and told his points before the Judges.
4. If he succeeds, then he can boast that even without the help of a lawyer, succeeded in the case personally.
Disadvantages:
a. Will not get the benefit of legal brain.
b. Probably may be stating things - whether they are legally tenable or not, whether they are related to the issue or not. May not have the various case laws decided on the point - both in favour and against, if any.
c. Once the case gets spoiled initially, it will be difficult to repair it at a later stage (i.e. at the time of appeal etc.)
R.K Nanda
(Expert) 26 May 2015
yes, if u know laws very well.
T. Kalaiselvan, Advocate
(Expert) 31 May 2015
Yes you can appear as party in person. You may go through the reply of expert Mr. Anirudh too before taking a decision.
