Legal Question in Appeals and Writs in India
legal advice
sir, i am son and powerattorney in Appeal no. 22 of 2007 in Suit No. 4895 of 1980, the matter is for final arguments, i have recently become an advoate and want to do the argument, shold i do so as an advocate or as in person for the Appellant, what is the procedure kindly inform me
6 Answers from Attorneys
Re: legal advice
I would advise you not to argue yourself.
Let your lawyer argue as you are quite new in legal field.
Re: legal advice
1. A litigant can either argue in person or through advocate or through authorised representative, with the permission of the court.
2. Since you are an advocate, you can appear as advocate. For this, you will need to file a vakalatnama signed by the litigant. There is no question of your appearing in person.
M C Gupta
MD, LL.M.
Advocate
Re: legal advice
It is advisable that if you have recently become Advocate and has less experience in the legal field then don't argue yourself. Let your lawyer argue.
Re: legal advice
if you have to argue as an advocate you need the vakalathnama from teh litigant along with no objection from the previous counsel
Re: legal advice
There is no bar to appear either in person or as an advocate but it is advisable to avoid at such an earlier stage which may harm your interest before competent opposite lawyer.
Re: legal advice
You are an Advocate; legally you are entitled to conduct your case "in person" even without being an Advocate. However, it may still be "appropriate" to continue with the case through your counsel.
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