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Kavitha SG (Housework)     11 January 2016

Is appearing as party in person not allowed in maharashtra??

Hello Respected Members,

Can you please explain,

In Maharashtra can't a petitioner/respondent appear as party in person to contest his/her own case...???

Thanx in advance...!!!



Learning

 3 Replies

Kavitha SG (Housework)     11 January 2016

Thanx...mam

Sidharth   11 January 2016

Dear Kavita

Representing your self is your constitutional right.  

Give a written application to court , your application will be allowed

 

In courts, you can argue your case, but not for others: SC

Dhananjay Mahapatra | TNN | Jul 14, 2011, 04.09 AM IST

 
 
NEW DELHI: You can argue your case before a court of law, but not for your father or son, who have to engage a lawyer.

As a power of attorney holder for someone, you may sign sale deeds and agreements on his behalf, but you cannot argue for him in a court of law unless specifically permitted.

The Supreme Court has ruled that except for petitioner in person, no one other than advocates are permitted to argue cases on behalf of others. Even officials cannot argue a case in court on behalf of the company in which they are employed, it said.

"A natural person can, of course, appear in person and argue his own case personally but he cannot give a power of attorney to anyone other than a person who is enrolled as an advocate to appear on his behalf," ordered a bench of Justices Markandey Katju and Gyan Sudha Misra in an order last week.

"To hold otherwise would be to defeat the provisions of the Advocates Act," the bench said ruling out an ailing person giving power of attorney to his son to argue a petition filed by him in a court.

Kavitha SG (Housework)     12 January 2016

Thanks Sidharth Sir...

Actually I have gone through one article "Bombay HC makes it hard to represent self in court, activists approach SC, want order revoked". So, wanted to make it clear n aked the query.


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