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nandy   20 February 2022

Can advocate be appointed just to only make submission for 1 hearing?

Our experience is that written online advice is far more accurate than oral advice received in a chamber. So please bear with me while I ask this question:

My aunt needs to make a submission in court that she was not involved in any mediation but we don't yet have an advocate. Since this is a crucial submission she does not want to just give it to anybody.

What options does she have?

1.Can she send letter/memo to court by post as party-in-person?

This would be most preferred because if by chance she misses the hearing she may not have another chance since .(?)

2.Can advocate e appointed only for that hearing with direction to submit her letter/memo? (somewhat like a limited power of attorney for a specific task (She is not yet ready to appoint someone in a hurry to handle the case itself)



Learning

 5 Replies

P. Venu (Advocate)     20 February 2022

What are the facts? How mediation is relevant?

Dr J C Vashista (Advocate)     21 February 2022

Appear personally with an advocate engaged for the case.

nandy   21 February 2022

Sirs

We dont think we will find someone suitable in time for next hearing. 9few days away)

if we could provide prior intimation by post that would be very reliable. That is in addition to try and appear in court and make the submission there.Is this possible?

On a previous hearing my aunt was in the court hall and by the time she could walk to the court desk , the next case had been called and she was marked absent. So somethihng like that can happen

Dr J C Vashista (Advocate)     22 February 2022

Time and again repitition of same story shall not change opinion / advise / obligation of experts.

It is a well known maxim in Hindi, that, "SAVARI APNE SAAMAN KI KHUD ZIMEVAR HOGI"  i.e., the passanger is self responsible for his / her luggage.

 

nandy   22 February 2022

Sir i have no idea where u heard the story before but this is the first time I am narrating it.

Without solicitors expecting litigants to engage an advocate is like asking people to use a bus and report to work on time. No matter how much the person tries he wont be able to make the bus run on time. So too asking someone to find an advocate while advocates cannot advertise their servies -without solicitors its just an adventure

As for the maxim-it came about because after a lot of people had travelled, asked the officials and then spread the word among each other. knowledge of litigation unfortunately has not yet spread and hence this question


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