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Guest (n/a)     20 February 2009

Can a common man file a case directly without help the of an Advocate?

 Can a common man file a case directly without help the of an Advocate?


 12 Replies

Manish Singh (Advocate)     20 February 2009

no, a common man cant file a case in courts. but you can ask the court for permission to appear and pl;ead for your  case without any help of advocates.

Prakash Yedhula (Lawyer)     20 February 2009

 Yes, there is no provisions in law which requires engagement of advocate compulsory. Person may file or defend any case personally without engaging advocate.

N.K.Assumi (Advocate)     20 February 2009

But in such proceedings the trial will be very burdensome for the court as well as the counsel appearing for the other party. Yes, in matters like bail accused can argued for his bail, but in other cases it will be very difficult, as the common man does not know the idea of framing issues, examination of witnesses and rules of evidence etc. If a common man appears in Court the Court should provide a Counsel at the expense of the State in the interest of justice, so that proceedings can come to a logical conclusion.

PALNITKAR V.V. (Lawyer)     20 February 2009

I agree with Mr. Prakash that a common man can file case without advocate. But mr. Assumi is also right in as much as at times it creates problems for the common man as well as to others. Because the layman doesnt know the procedure, he keeps arguing things and at times feels that he wont get justice.

V.V.RAMDAS (Advocate)     20 February 2009

Mr. Shailendra,

I am very glad that  you have got a very good answer from our expert friends like Mr.Prakash & Mr.Assumi who have given their valuable answers. Mr.Assumi has explained both the positive as well as negative side, filing a complaint by the common man without the help of a lawyer. Now a days in all most all the fields of work it requires the legal knowledge to get the work done. So naturally ina court of law without a lawyer the work is incomplete. 

M. Sahul Hameed (Advocate Profession)     23 February 2009

i agree with Mr.Prakash and Assumi because they gave a detailed reply for your question


I do agree with all my ld. friends.

M. PIRAVI PERUMAL (Advocate & Consumer Rights)     11 March 2009

I agree with Mr. Palnitkar.

Swami Sadashiva Brahmendra Sar (Nil)     12 March 2009

yes. but be ready to answer the courts' quere. you may face much dificulty if you are not aware of practice and procedures of the court.

Y V Vishweshwar Rao (Advocate )     25 March 2009

I agree with my learned friends ! 

A Common  man can file case and can  argue  the   cae , there will be difficulties in proceeding   with the case at each and every stage , the procedure is contemplated  and common  man may not be knowign all the  Precedural & legal aspects . Assistance of  Advocate/s is required .


Rajneesh Malhotra (Advocate)     25 March 2009

Under the indian constitution there is no bar on any citizen of India for appearing in any court. Any individual can fight his own case in any court in India. There is no compulsion to engage a lawyer.

Prabhat Kumar (Advocate)     26 March 2009

There are certain rules which one have to observe while drafting and filing the petition. Since lawyer is professionally trained in the above said aspects people use to hire them during the process of litigation but there is no rule which compels an individual to hire a Lawyer. So he can file petition in person and even plead the same before the court of law.

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