IS IT POSSIBLE TO FIGHT YOUR OWN PROPERTY CASE IN THE COURT ?
As per Section 32 of the Advocate’s Act, a person may be allowed by the court to represent himself even if he is not an advocate. Every court has its own rules which act as guidelines for the implementation of the procedure of law, these rules also talk about the situations where a person decides to represent himself.
· These rules are regulatory in nature and do not impose any prohibition on the practice of law.
· With the permission of the court, a non- advocate can be permitted to appear without a lawyer. Also, a lawyer not on the roll of advocates in the High Court can appear with the local lawyer in the High Court.
· An advocate who is not on the rolls of advocates in the High Court can move an application before the court so as to seek leave to appear without a local advocate in appropriate cases.
For information regarding the legal issues involving property disputes, you shall contact the Best Property Lawyer In Delhi and seek advice related to the same, even if you wish to represent yourself in the court of law.
Representing one’s own case in the court-
While one can represent himself in the court, it has to be understood that there are several sets of rules required to be followed, hence one must be aware of the working knowledge of substantive and procedural parts of the law. For example, you are one of the parties of a breach of contract case and have complete knowledge of the facts of the cases, however, in addition to this you must be aware of the provisions of the Indian Contract Act and the procedure to file a suit.
· Procedure required-There is a definite procedure for filing cases in the courts. Even for a certified copy of one’s own judgment, one has to visit the court office to court office. If one is not aware of the contacts and procedure, it is not possible to have the copy of the judgment in a short time.
· For example, as per the rule of the Supreme Court, every Annexure has to be certified on the last page, while in Delhi High Court, every Annexure is required to be certified on each page.
· Drafting-Before representing yourself in the court, the preparation before is important. For example, even many lawyers make mistakes while drafting the petitions or other documents, while in the case of a layman the situation may worsen further as he may not be aware of the technical terms required in the plaint to be filed. The case may get dismissed due to technical failures at the registration stage only.
· The court where a case is required to be filed- to have the knowledge as to where to file the case is the most important step, if the case is filed in the wrong court which does not have the jurisdiction, the case will be dismissed.
· In another example, in the Jharkhand High Court, a Doctor who was representing himself, lost his temper against the defendant’s lawyer, the Hon’ble Chief Justice (retd.) Justice Virendra Singh reminded him of the ethics of the legal procedure.
Conclusion
There are various other forums where the party could represent themselves, such as the consumer forums.
The courts may allow the party to represent itself in the civil suits, including property cases, however, it is advised to seek the legal opinion of experienced Corporate Lawyers In Delhi.
As already discussed above, it is not simple to draft one’s own documents or to follow through the procedure of court without delay, as there could be unsaid rules which are common for the people belonging to the legal staff and a layman may not be aware of them. It would be favourable to the party involved to seek the legal guidance from Property Lawyers In Delhi, who could offer you with appropriate advice regarding the same. Lead India offers you a team of experienced advocates who could offer you legal advice or guidance in the cases related to property, RERA, etc.
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