Civil Procedure Code (CPC)

Can't a Party in Person take the assistance of a lawyer ?


My Lawyer is a busy person. Recently when my number was called, I begged the hon Magistrate to give 'pass over' as my lawyer has gone to hon High Court for an urgent matter and will come in the after noon. Hon Magisrate refused saying nothing doing and post poned the hearing by another 3 months. When I requested him to record this plea also, he refused. Now, my question is If I hire a lawyer, I can't talk. Similarly If if I remove my Lawyer, can't I hire a lawyer for ever ? What is the rule ?

 
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advocate

very simple make your complaint at bar association, or get the vakalat with sign from earlier lawyer thereafter you fix good lawyer. my opinion a good lawyer dont waste client time. and follows professional ethics

 
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Thank you Mr. Ali. There may be genuine reasons also. In the lawyer's absence, can't the Petitioner talk ? If the Petitioner is party in person, can he take a lawyer on some days only ? Or Is it compulsory that once a lawyer is hired, Petitioner can't make any submission at all ?
 

 
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i simply request the experts to answer sifybird's actual question "WETHER THE PETITIONER OR DEFENDANT CANNOT ARGUE OR FILE ANY DOCUMENT WITHOUT THE LAWYER". HOPE U ALL WILL GIVE OPINION ON ABOVE ISSUE

 
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you can change yr lawyer!

i advise u that change yr lawyer and face the actual case,

if u fight(complaint) with yr lawyer then how you consentrate yr case?

itis very tipical to prove against the lawyer!

 

 
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HR assistant

Sarvesh.K.Sharma, dear this is the first ever genuine and serious suggestion you have submitted in this column.

As for in the absence of lawyer on that date, if the magistrate has given you the next date, so what is the problem?It is a normal course of action by the court.Court can not wait endless for your advocate because it has to look after the interest of oher litigants and your case was not the alone case on that date.Please don't be hyper.This is no USA or any other developed nation, it is India.

Dont quarrel with any of the lawyer of India because they are law unto themselves and if you indulge in PANGA with them remember they are immune to any legal action and whole of India's Bar Council is behind their back and in India, it is always MIGHT IS RIGHT.

Meanwhile you can change your present lawyer but what would be the guarantee that another would be a saint.The choice is between less and more devilish and not between a saint and devil.

Regards. 


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advocate

mr.ohm prakash dusia is very correct.

 
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For justice and dignity

Originally posted by :Om Prakash Dhusia
"
Sarvesh.K.Sharma, dear this is the first ever genuine and serious suggestion you have submitted in this column.

As for in the absence of lawyer on that date, if the magistrate has given you the next date, so what is the problem?It is a normal course of action by the court.Court can not wait endless for your advocate because it has to look after the interest of oher litigants and your case was not the alone case on that date.Please don't be hyper.This is no USA or any other developed nation, it is India.

Dont quarrel with any of the lawyer of India because they are law unto themselves and if you indulge in PANGA with them remember they are immune to any legal action and whole of India's Bar Council is behind their back and in India, it is always MIGHT IS RIGHT.

Meanwhile you can change your present lawyer but what would be the guarantee that another would be a saint.The choice is between less and more devilish and not between a saint and devil.

Regards. 
"

 

 

 

Sir,i have been reading all your straight forward respoinses and really really appreciate them.please keep contributing ..

 

i have also faced the wrath of lawyers but cud not do anything at all becoz of no support and no money to fight out against them...main problem was that my last lawyer who represented me was also not strong enug,ie,shaky kind,who will give in to pressures of the more powerful and bullying lawyer(a mediator in fact) who was only engaing in unethical acts by taking sides with the opp. party to get commission from them for "helping them".

 

seeing all this sickly attitude,i decided myself to close my case because i had no faith left in my lawyer,that he will fight out my case properly,although he also tuk 90% of the settled fees from me in advance.so i myself told the judge that i am settling the case....as in above case also,my lawyer was a late lateef kind,ie,coming to court 1-2 hrs. late,sometimes 4getting to come,and so on..

now coming back to ur statements,u say that bar council doesnt take any actions against such people.

 

i dont know much abt it...but i read many such cases in papers( for example: of sanjiv nanda's lawyer who was caught influencing.then there was a recent case of husband's lawyer who threatened his wife's jeweller,that he was directed by the court to fight 12 cases for free)..

how were these lawyers exposed?

 

there must be  a way...

 

or is it that in india,once u appoint a lawyer,u r at his mercy?

 

wotever he does,how much callous he is,however weak he is to stand up for u,and so on,u can do ABSOLUTELY NOTHING  about it????

 
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