Rahul Goyal 29 November 2022

Pleading own case in person

What is the remedy? How can we challenge such order? Apologizing only reflects accepting faults. When the party is not at fault, it is a clear case of discrimination, suggest the remedy.

Can a court direct Petitioner not to appear in person? Isn't it violates Order III Rule 1 of CPC? In a case, wherein party in person has appeared in person for 8 years, in trials courts, High Courts, Supreme Court ore than 200 times; a direction for not appearing in person is illegal, and made with intent of preventing facts to come on record. What is the remedy? How can we challenge such order? Apologizing only reflects accepting faults. When the party is not at fault, it is a clear case of discrimination, suggest the remedy.

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Quick Summary

This discussion questions whether a court can legally prevent a petitioner from appearing in person to plead their own case, arguing it may violate Order III Rule 1 of the CPC. The petitioner has appeared in various courts over eight years and believes such a directive is illegal and intended to prevent facts from being presented. The content also touches upon a specific instance where a judge allegedly made an illegal order, imposing costs and barring personal appearance, despite the petitioner not being properly served. It seeks advice on remedies and how to challenge such discriminatory orders.

3 Replies

P. Venu (Advocate) 29 November 2022

What are the facts? What is the context?

Rahul Goyal 29 November 2022

Opposite lawyer filed contempt petition without service. Just to seek ex parte order. Without issue of notice, order passed to call the minor child to court, whereas mediation proceedings were going on. She submitted mediation has failed. On getting the order, I filed application to clarify facts and praying for exempting child to appear in contempt petition. The judge didnt listen. Having been prejudiced by opposite lawyer, cost imposed on me and directed that I will not appear in person.

Order is totally illegal. How to challenge it? I have not been served till date but I am directed to appear in court with child. Court should have issued notice. We will file reply to contempt and fight on merits.