Section 32 of the Advocate’s Act provides that the court may allow a person, even if he/she is not an advocate, to appear before it. Hence, it could be said that as per the Act, a person has a statutory right to defend himself/herself in his case in India. However, the rule is subject to some exceptions-
As per Article 19 of the Constitution, certain freedom has been granted to the citizens of the country, including the right to carry out a profession of their choice, which also includes the right to practice law.
It could be understood that a person has a right to appear in any court in India. The exceptions provided are based on the general rules which are regulatory in nature.
Each court has its own set of rules which serve as guidelines for the implementation of the procedure, also these talks also provide for fighting your own case.
These rules are regulatory provisions, while not imposing any prohibition on practicing law.
These rules provide that a local advocate is required along with a person who is not a practicing advocate at the High Court.
Even with the permission of the Court, a person can still defend his case without a local advocate present. Also, an advocate not in the roll of an advocate in the High Court could appear with a local advocate.
Also, even not fulfilling the above-mentioned requirements, an advocate not on the rolls of advocates in the High Court, can move an application before the court seeking permission to appear before the court even without a local advocate present.
A legal provision providing for fighting one’s own case as per the CPC
Order Rule 1 of Civil Procedure Code- An kind of application, appearance, or act in a court could be made by the following persons-
The party involved in a case
A recognized agent of such a party
By a pleader who is appearing, acting, or applying on his behalf.
The rule mentioned is provided at the discretion of the court.
The permission to a non-advocate to represent itself could be granted if it is a party to the case, however, the agent mentioned above can only apply for the same on the behalf of the party.
To fight one’s own case in the Court- one can fight one’s own case, however, it is important to understand that, to represent oneself in the court does not mean simply state the facts of the matter from one’s perspective and having the judgment delivered afterward. The procedure in the court involves a number of steps involved in the administration of the court proceedings.
Even to file a case, proper drafting of the plaint is required, which is not a small feat. experienced Lawyers In Ghaziabad could help you draft your plaint properly so that no mistake is committed on your part.
Similarly, it is important to understand that preparation beforehand for a case is way more important than fighting the case in court premises. Technical knowledge of legal provisions, as well as other provisions which could be applied in the case, is a lawyer's job to know, hence it is advised to seek the advice of experienced Lawyers In Gurgaon or Lawyers In Faridabad, who could help you with various aspects of a legal procedure even if you wish to represent yourself in the court.
Conclusion-
From the above discussion, it could be inferred that it is possible to represent yourself in a court of law, but such a decision should be made with proper consideration as it involves a number of procedural steps to be followed, mistaking which could affect one’s case drastically. Hence, it is advised to seek free legal advice online or to talk to a lawyer before taking such a step. Lead India offers you legal advice or assistance for the same.
Visit Us: - https://www.leadindia.law
Call Us: - +91-8800788535
Email: care@leadindia.law
Facebook: - https://www.facebook.com/leadindialaw
LinkedIn: - https://www.linkedin.com/company/76353439
Twitter: - https://twitter.com/leadindialaw
Pinterest: - https://in.pinterest.com/lawleadindia
Instagram: -https://www.instagram.com/leadindialawofficial
Comentarios