Civil Procedure Code (CPC)

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SANJEEV KUMAR (STUDENT)     22 June 2009

How to get permission for self arguing case

whether can u please give me format of application for permanent permission from the Magistrate for self arguing the case and self litigating the case along with my worthy lawyer.Since i want to avoid for asking permission for arguing the case.



 15 Replies

Prakash Yedhula (Lawyer)     22 June 2009

In case you have engaged a lawyer, normally courts would not permit you to argue along with your lawyer. However, you can choose not to engage a lawyer and appear as party-in-person. No written permission is necessary to appear as party-in-person. 

1 Like

veenzar (Advocate)     22 June 2009

Most of the citizens, who are involved in legal battles, are not aware of the fact that a citizen can plead the case in the court of law in person without engaging a lawyer..

Rajendran Nallusamy (Advocate)     22 June 2009

to appear in person in the court, one doesn’t require a law degree at all. “Even the petitioner can engage another person to plead the case. That other person also doesn’t require to be a lawyer. Simply, in such a case the permission of the court is required.

SANJEEV KUMAR (STUDENT)     22 June 2009

Parkash ji thanks

I am professionally qualified person and now i have appeared in LLB -Ist year exams and i am accused in  a totally false counter case instituted U/s 156(3) by one of family member of in laws of my sister. 

I am no saying i can argue like lawyer but i am confident i can put more facts before magistrate 

SANJEEV KUMAR (STUDENT)     22 June 2009

Veenzar ji very right., There are many case were accused by self litigating got acqutted

Normally Judicial officer prefer to listen to Lawyer since they are better equiped with law but accused /petitioner is in better knowlodge of facts.But I want to avoid every time to take permission before speaking before Magistrate. Once the permanent permission is there then simple permission may be sought by introducing onself

SANJEEV KUMAR (STUDENT)     22 June 2009

rajendram ji,

whether you want to say that a non-advocate person can argue the case on being authorised by accused/petitioner.

Advocate Act says that only advocate on roll can appear in court but does law say that only advocate can appear in the case

1 Like

Swami Sadashiva Brahmendra Sar (Nil)     22 June 2009

for you query, reply of Mr Y prakash is sufficient and accurate.

 

SANJEEV KUMAR (STUDENT)     22 June 2009

Does parkash ji mean that i shall have ot discharge my lawyer before appearing in person

I want to argue as supplimental

Swami Sadashiva Brahmendra Sar (Nil)     23 June 2009

He has same right in all courts. many a times arguing in supreme court is easier than arguing in lower court.

PARTHA P BORBORA (advocate)     23 June 2009

it is not so easy as replied by Dr. V.N. Tripathi, it not same in all courtsthe law is that, if the case is pending before a lower court u can argue. but in a High court or in Suprime Court u must have a law degree to do so.

1 Like

SANJEEV KUMAR (STUDENT)     23 June 2009

thanks, Borbora Ji, I wanted to plead my case along with my advocate since i had experience in courts that some judicial officer encourge the petitioner & accused to speak/tell facts before court even ignoring their advocates but some prefer to listen to advocates only. I being professionally qualified person( not LLB) consider myself able to say facts before Magistrate.I know upto session court i can personally appear/argue without engaging lawyer but i wanted only format of application which should be presented before Magistrate to get permament permission to argue in person otherwise i shall have to take permission every time after introducing myself as status of accused/defendent


(Guest)

Dear Sh. Barbora ji,
Sorry to correct you but I am arguing at Tis Hazari Court + Patial House Court + Delhi High Court as Party In Person and have successfully got stay orders of lower court proceedings in S. 125 CrpC / S. 24 HMA cases of wife,.
I am also arguing as Petitioner In Person on a case of S. 156 (3) CrPC before MM Court at Patiala House as well as another case of S. 200 CrPC (Fraud) as Petitioner in person.
Regards,
I have also filed Article 226 Civil case at Delhi HC and appeared as Petitione rin Person. Preparring now for appearing In Person at Apex Court very soon. I am not a Advocate nor Law Student but have been studying Law for sometime now thanks to my wife who is hell bent to make me understand gender biased Laws of the Land :-)
D. Arun Kumar, New Delhi

1 Like

SANJEEV KUMAR (STUDENT)     07 July 2009

D Arun Kumar is Right. Upto HC a party in person or petitioner in person can argue. Now a days defendents are personlly arguing case courtesy advocates

I am of the view that although the person can not argue in technical terms but defendent/petitioner can put his views more accurately in layman language.

Judiciary should promote self argue to defendents/petitioners


(Guest)

Dear Sanjeev,
A slight correction a person can also argue as Party in Person in SC too. Two of my fellow victim friends (they are neither members of Bar nor Law Students) of gender biased Laws argued as Petitioner in Person at SC and one of them even got stay of entire S. 498a IPC + S. 125 CrPC case. I am preparing for SC submissions currently there are many hundreds who have done it till date !
Rgds,
D. Arun Kumar

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