LIVE Course on Transfer Property Law | Price Hike in 4 days | Grab it now!
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

wilson (service)     05 April 2010

CAN A PERSON FILE APPEAL/REVIEW PETITION WITHOUT LAWYER?

hi all ! my friend lost DVC case filed by his wife [details of which will be posted in another topic] both in magistrate court and also in sessions court. we feel that his lawyer at lower court stage was managed by opponent lawyer who has not even attended for arguments on behalf of my friend and simply filed a small petition to dismiss the DVC case [ heard thru others that the magistrate was most corrupted person and the case was closed in one month after he took charge which was prologing for one and half year when other magistrates were in seat ]written . Magistrate might have got money from petitioner and issued judgement confirming many points of DVC petition which were not put for cross examination or in arguments stage of both sides. 

My friend upset with the onesided order he went for appeal in sessions court where the judge upheld the lower court order and without considering the points raised in appeal. His advocate at sessions court stage unable to pin point the lapses in lower court judgemental order. As we lost faith in advocates, can my friend draft and file his own appeal in High Court i.e. without an advocate,with attaching necessary documentary evidences [  he didnt got opportunity to produce such documents as the case was one sided at lower court and magistrate warned him only to answer the questions raised by petitioner's lawyer [their family lawyer], misleaded the court with his own version and hided many facts which now my friend want to bring to the notice of High court and many other facts which were not appeared in DVC case trial.

pls adivse..



Learning

 36 Replies

Lawyerscba (Advocate)     05 April 2010

There is no problem in filing and appearing personally pursuing your case in appeal / review, however it is always good to have a good lawyer if you can afford.  

S.B _Kolkata (Service)     05 April 2010

You are suggested to take a good lawyers who will guide you properly.

Swami Sadashiva Brahmendra Sar (Nil)     05 April 2010

Self medication is restricted to a large extent.

Self pleading is permitted in every court.

But, self medication is done to a large extent and self pleading is done in  rerest cases or by exceptional litigants.

1 Like

Sreenivas V (S/W)     06 April 2010

in addition to what wilson said here but in my case it is JUDGE who is the most corrupt, our advocate is good. Can any one suggest how to file a case on the Judge. Our advocate is saying wait untill the JUDGE get transferred as he is going to be transferred this year april. But I don't want to leave that guy I want to file cases on that JUDGE as I have complete proof. Even that case causes small damage to him also it is ok but i want to teach him a lesson.

Kamal Grover (Advocate High Court Chandigarh M:09814110005 email:adv.kamal.grover@gmail.com)     06 April 2010

you can file yourself but proofs should be strong else there are vaious authorities which says that you cannot file any case against any judge.

So the best idea is approach the higher court inspecting judge or write to the higher court and he will deal this matter and if you have solid proofs then publish in the newspaper. It will result immediately.

In court you will not be able to proof it properly. An example is High court judge case "Cash in hand at judge nirmaljit kaur door" case of punjab and haryana high court.

So try to do it differently coz "Pani me reh kar magar se bair karna mushkil hai par bahar khade ho kar us ka shikar easy hai.

So good luck.

1 Like

Swami Sadashiva Brahmendra Sar (Nil)     07 April 2010

You may complain to the chief justice or administrative judge.

This is a public forum. Kindly avoid shouting on judges or lawyers !!! It is not proper and it may amount to contempt also.

wilson (service)     07 April 2010

I THINK MR KOMAL GROVAR AND DR TRIPATHI SIR WERE REFERING TO THE POSTING OF MR SRINIVAS..

 

IN OUR CASE I DONT WANT TO BLAME EITHER MAGISTRATE/JUDGE OR LAWYERS..

MY ONLY DOUBT WAS WHETHER WE CAN FILE THE APPEAL/REVISION PETITION IN HIGH COURT ON OUR OWSN WITHOUT AN ADVOCATE AS THERE IS NO USE SINCE LAWYER DONT GET TIME TO PREPARE THE NOTES AND ARGUE PROPERLY AND OPPONENT LAWYER AVOIDING THE MAIN CAUSES TO RAISE IN COURT.

Swami Sadashiva Brahmendra Sar (Nil)     07 April 2010

yes Mr vilson . my reply posted just herein above was intended to comments of mr sreenivas.

You may file in person a case/appeal / review /revision or whatever proceedings are required in any court. But , our experience shows that most of the litigants who try to plead inperson , are advised by the courts to take help of an advocate. because, a litigant who has no legal trainning , often plead those facts and points which happens to be legally irrelevant , moreover, missing  relevant points. Further, a person pleading his own case tends to be emotional rather than placing legal arguments.

Therefore I would advise that even an advocate should avoid to plead in person. and even a doctor should avoid self medication.

O. Mahalakshmi (Law practiece)     10 April 2010

You have to file case with the help of a well known advocte.

girishankar (manager)     10 April 2010

Dr Saab in public forum why a public is restricted to put is greivences ????????

Swami Sadashiva Brahmendra Sar (Nil)     10 April 2010

Dear Girishankar,

My suggestion alraedy contains answer to your question. " Shouting on judges may amount to contempt of court" and shoting on Lawyers or others is not a proper and digfied mode of comunication.


(Guest)

Dr. V.N. Tripathi's posting of 7th April at 16.50

I really appreciate the way he explained the things. 

It is quite common that in every case one party looses and other party wins the case.  The person who looses the case always blames either the judge or advocate and never allows to admit that there is no merit in his case.  It is the most unfortunate thing in our legal system.  The people, who have no legal knowledge decide that they would win the case, even before the litigation starts.  The judges have got the power of invoking the law of "contempt of Courts" to protect them if the false allegations are laid against them and even then they restrain themselves and rarely use them.  The vulnerability with the advocates is that they cannot protect themselves from the false and ignorant and idiotic allegations of lititgants, who think themselves very intelligent in every walk of life and cynical in nature and suspicious of every thing.  It is only random thoughts that came into my mind by reading the postings of Mr. Wilson, Mr. Srinivas and Sh. Girishankar and I put them like that.

Once more sincere thanks to Dr. Tripathi for showing proper perspective.

1 Like

Lawyerscba (Advocate)     10 April 2010

Mr. Wilson, with regard to facts you might be well acquainted as this is your own case. If you are confident enough on law and think that you can place your case better then the lawyer you can afford then you may go ahead and argue the case yourself. Infact it would be good idea to discuss your case in this forum so that you can get genuine advice and help regarding case and laws from legal lumanaries available here!

girishankar (manager)     11 April 2010

Dear Prabhakar Sir,

The People who hav no legal Knowledge are engaging well versed and knowledgeable Advocate ..Why the The Advocate is not telling them the status of the case whetre it has got merits or not ??????

Regarding Judge/Judis there is no contempt of Court/Law ????/ is there any provision for this B'cous they are all Lords of Gods.....They are not Human .......

1 Like

Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register  


Start a New Discussion Unreplied Threads



Popular Discussion


view more »




Post a Suggestion for LCI Team
Post a Legal Query