recognised agent can represent the case?


  whether the party can be represented by his recognized agent(defined under Order 3 Rule 2 of CPC) holding the power of attorney who is not an advocate under Advocate Act-1961?

 
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Advocate Supreme Court of India

Dear Friend,


The answer is YES.  I have a feeling that you want to appear yourself and not engaging any Advocate to defend you. You may do so, but sometime court may insist on the engaging Advocate or legal aid. 

 
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ADVOCATE

It is not necessary for the party to engage any Counsel and the party can contest his case himself but in my opinion, the POA Holder cannot be deemed the party and he cannot fight the case.

 
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No, I am seeking for the information purpose only. As there are may controversies in this reagad such as any non advocate who possess the legal knowledge but not registered under advocate act-1961 can contest the case or not?

relevant extract itself proves that person holding the power of attorney can appear or argue on the behalf of the petitioner/Respondent though he cannot practice it as trade or profession

"It was, however, pointed out to the G.P.A. that S. 32 of the Advocates Act, 1961 requires permission to be sought by any person other than the party or the advocate for appearing and pleading before the Court and that permission is given according to accepted and well-settled principles and not as of right

"S. 32:-- Notwithstanding anything contained in this Chapter, any Court, authority or person may permit any person not enrolled as an advocate under this Act to appear before it or him in any particular case.

It has to be noticed that Sec. 33 of the Act uses the word 'practice' while Sec. 32 uses the word 'to appear' in the Courts etc. The words 'practice' or 'appear' have not been defined in the Act.

Order 3, Rule 1 says that any appearance, application or act in any Court required or authorised by law to be made or done by a party in such Court may, except where otherwise expressly provided by any law for the time being in force, be made or done by the party-in-person or by his recognised agent or by a pleader appearing, applying or acting, as the case may be, on his behalf provided that any such appearance shall, if the Courts so directs be made by the party in person."

 

But mu query is in reagards to criminal matters whether non-pleader can act, argue or appear on the behalf of the Compliananat/Respondent. The section of Crpc doesn't allow him as matter of right but prior permission is required by the complainant/Respondent to appoint nonpleader on his behalf ?

The National Consumer court too allow the non advocates to apaper on their behalf but may disallaowed if such malpractices are adopted by the Authorised agent.

Similarly Advocates too have to hire advocate on records for appearing before the supreme Court Wile permission is to be required even petitioner in person wants to argue the case in person

 
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SR. ADVOCATE

A recognised agent, a next friend or a trusted person whatever name you call is not permitted to appear before any court in the country and plead on behalf of a third party unless he is registered with the Bar Council. Nobody armed with a valid power of attorney can ask for an audience of the court.

 
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