In this article, Advocate Viraj Patil who is one of the best Advocates in Navi Mumbai explains whether “if a person has the right to defend himself in court”.Advocate Viraj Patil is the Co-Founder of the Law Firm and his efficient team of Legal and Para Legals are one of the Best Advocate in Navi Mumbai.
As per the Advocates Act, there is a provision for fighting one’s own case.
The court may allow any individual to appear before it, even if he is not an advocate, according to Section 32 of the Advocates Act. As a result, of the Advocate Act in India, one has the legal right to defend one’s own case. There are some limitations to this rule.
Article 19 of India’s Constitution grants residents several liberties, including the ability to practice any profession or engage in any occupation, trade or business. As a result, it should come as no surprise that the freedom to practice law, which is a profession, is a fundamental right granted to all inhabitants of our country.
As a result, the individual has the right to appear in an Indian court. There are exceptions based on general standards that are only regulatory in character and have the primary goal of imposing acceptable limits in the public interest.
Every court has its own set of regulations that serve as a guideline for procedure implementation
Rules are administrative provisions that do not limit the practice of law.
A person who is not an advocate in the High Court is required to file an appointment with a local advocate under these Rules. There is no requirement for a bar to appear.
Even without a local advocate, a non-advocate is entitled to appear with the Court’s permission. In addition, an advocate who is not on the High Court’s list of advocates can appear with a local advocate.
Alternatively, even if they do not meet this criteria, an advocate who is not on the rolls of advocates in the High Court can file an application with the Court seeking permission to appear without even a local advocate, and such permission can be granted in appropriate instances.
Order rule 1 of the Civil Procedure Code contains the following provisions for fighting one’s own case:
Any of the following can make an application, appear in court, or act in court:
- A party in person is a person who is participating in a case.
- Any known agent of such a component.
- By a pleader, who appears, acts, and makes an application on his behalf.
- This ruling is at the discretion of the court.
The guidelines are generic in nature and treat the individual as a party in the litigation rather than a man. Agents can only apply, not plead, as stated in point number two says “Viraj Patil Who is a leading Advocate in Navi Mumbai”.
Without the assistance of a lawyer, one must fight one’s own case:
There have been numerous cases based on the same facts in which a party to a dispute has changed various lawyers and ultimately ends up with no money in their pocket. And is not in a position to employ a new lawyer. In such a case, what should one do?
These issues have a remedy, and that solution is to fight one’s own case.
Greater power, however, comes with greater responsibility.
True, you will need a deep understanding of the facts because they will represent your personal history, but you will also need a working knowledge of the substantive and procedural components of the law.
Assume you are a party to a contract violation and have a thorough understanding of the terms of your agreement. This will not be sufficient. You should also be familiar with the rules of the Indian Contract Act and how a civil complaint is initiated, in addition to your agreement clauses.
For submitting cases in courts, there is a specific and well-defined mechanical procedure. The procedure of the courts enslaves them. There are steps that must be followed mechanically in order to complete any task.
In fact, even obtaining a certified copy of one’s own judgment will necessitate hopping from one court office to the next and then bribing the Munshi to take the copy of one’s own verdict.
Using an example to demonstrate:
According to “ Viraj Patil who is a premier Advocate in Navi Mumbai”, Every annexure in the Supreme Court must be certified on its last page, however, in the Delhi High Court, each annexure must be certified on each page.
There are a slew of complexities, which are not difficult, but it needs a certain level of expertise and experience.
One can go to court and defend a case, but the preparation ahead of time is the real deal.
Let’s take a look at another example of jurisdiction. The first step in filing a case is to contact the appropriate court. You will be battered if your complaint is filed in the wrong court, which lacks jurisdiction to hear your case.
It will be easier to understand if I use an example from another occurrence.
While a doctor was pursuing his own case in the Jharkhand High Court, an incident occurred. The doctor became enraged and confrontational towards the defendant’s attorney.
Justice Virendra Singh, the Hon’ble Chief Justice (Retd.) of India, reminded the doctor of the legal profession’s ethics.
“Although judges may overlook you due to your distance(10 feet), the learned advocate with whom you are arguing will not due to his proximity(2 feet away)”
As a result, mastering court ethics and mannerism are challenging, as these skills are not acquired overnight.
The majority of substantive and procedural laws are based on common law principles. The Acts and regulations have a linguistic character that is based on several semantics and pragmatics rules. The use of a specific shall and may has the potential to turn the tables.