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Avinash Gupta (lawyer)     06 February 2010

can a advocate can be a counsel in his personal case

 hi i want to confirm can a lawyer a party in a civil suit act as a counsel representing him 

If yes please tell me the way



 26 Replies

N.K.Assumi (Advocate)     06 February 2010

To make it very simple: Consider this scenario in the Court for an advocate who is a party to the case. the Advocate made a submission in the Court, and in the next stage the judge order him to enter the witness box to submit his statements as a witness; and the next stage he comes down from the witness box and started arguing before the judge? Dont you think it will be a startling Court scene? take another instance: A Judge is a winess in a case before him and he started presiding the proceedings of the case. thereafter, the advocate asked the Judge to come down from his dias and enter the witness box to testified his statements as a witness and he did so as a witness,  and after that he goes up to the dias and started the proceedings of the case: what do you think of such court proceedings? the Court scene will be  nothing short of Dr.Jekyll and Mr.Hyde. The answer is a Big No: In such case it is better for the advocate to allow his fellow advocate to handled his case.

N.K.Assumi (Advocate)     06 February 2010

I have a case in hand where the Judge is a witness and I am anxiously waiting for the day to asked the Judge to come down from the dias and enter the witness box to grillled him as a cross examiner.

Apurva Kumar (Practicing Lawyer)     06 February 2010

 in upper court an adv may were trail is not goin or ny such small matter such as contempt matter  but tell us ur is d case of??

Lilly rose (n/a)     06 February 2010

Firstly, a party himself cannot be a lawyer and wear robes and appear in his case as per Bar Council's Rules. Secondly, for appearing as a lawyer in his own cause, he cannot file Vakalat (meaning authorising an advocate for him). Thirdly, a person can appear as a party-in-person and conduct the case, then what is the difference can it make to appear in robes or in plain clothes. Likewise, a director of a company may be a practising lawyer himself but cannot appear for or against his company, as per Bar Council's rules.

B K Raghavendra Rao (Senior Advocate)     06 February 2010

If a party wants to represent himself without an advocate, or an advocate wants to represent himself then it is termed as 'party-in-person'.  There is no compulsion that parties must be represented by an advocate.  Similarly, in your case, you need act as an advocate in your own case but be a 'party-in-person'.  However, whenever you appear for yourself in the court, you shall not wear the gown and the neck-band.   The party in person can examine his witnesses, mark documents, cross-examine the opposite witnesses and argue the matter.  

G. ARAVINTHAN (Legal Consultant / Solicitor)     07 February 2010

 He can conduct his case as party in person

N.K.Assumi (Advocate)     07 February 2010

Yes, Lily rose, has correctly stated the law on the point. But in practice, if  the advocate in his own case has to appeared in his own case then in that case dont you think that is will be very inconvenient for him to conduct the case in the manner stated above? 

Arup Kumar Gupta, Korba, Chattishgarh ((m)9893058429)     08 February 2010

everyone has the right to appear before the court for his own case - in person. most probably - no.

Surya Kannt (ADVOCATE)     12 February 2010

I agree with Mr. B.K. Bhagvendra.

Adinath@Avinash Patil (advocate)     13 February 2010

IF ADVOCATE IS PARTY IN SUIT HE CAN CONDUCT HIS CASE PERSONLY,THEREI IS NO BAR.

Kanaksinh P.Boda (Educationist/Lawyer)     13 February 2010

No. Not as an Advocate.

ad. creaminall (professional Advocate)     14 February 2010

mr. patil is right.


(Guest)

ADVOCATE CAN APPEAR AS PARTY IN PERSON AND CAN DEFEND HI S CASE IN COURT.

THANKS.

Adv. Sanjay Kadam (Proffessional)     14 November 2010

A lawyer, being party to the proceeding can appear and defend the peoceeding. In his own capacity as partyin person. He need not file his OWN VAKALATNAM,  but he can if necessary file Vakalatnama on his behalf. Even if he has filed Vakalatnama of other Advocate; in absence his Advocate, he BEING PARTY to the proceeding can conduct the matter. The relevant provisions are contened in ORDER III RULE 1 OF THE CODE OF CIVIL PROCEDURE, 1908.

1. Appearances, etc., may be in person, by recognized agent or by pleader-
Any appearance, application or act in or to any Court, required or authorized by law to be made or done by a party in such Court, may, except where otherwise expressly provided by any law for the time being in force, be made or done by the party in person, or by his recognized agent, or by a pleader appearing, applying or acting, as the case may be, on his behalf:

Provide that any such appearance shall, if the Court so directs, be made by the party in person.
 


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