Legal Question in Civil Rights Law in India

Sir, i have a property dispute with my brother. He filed a civil court case to pressurize me which is completely baseless and have no solid grounds in anyway. I did not appear in court because i do not afford to engage an advocate. Judge decided it "ex-party" .

Now please help me to let me know in detail and simple words:

1) Can i request to court to arrange an advocate for me on court expenses/behalf.

2) What should i do to come out of "ex-party" situation?

3) Can i request directly without advocate to court regarding the actual facts and reality of the dispute and will the court help me?

4) In which courts i can give the application to solve the family dispute of division the properties by mutual consent?


Asked on 5/18/12, 6:24 pm

2 Answers from Attorneys
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

You have two options - either to move the same court which passed ex-parte decree for recalling of the decree and permitting you to contest the case; OR to file an appeal in the next higher court.

In a civil matter, court may not provide any lawyer unless you are too poor and are eligible for legal assistance under Legal Services Authority Act. You may approach the Member Secretary, State Legal Services Authority for help.

Read more
Answered on 5/18/12, 7:11 pm
Fca Prashant Chavan Expert Edge LLP

19.05.2012

Dear Sir / Madam,

A misnomer prevails that an accused / defendant cannot himself argue his case in Court. If you are clear of the facts of the case, first and foremost, you may specifically plead before the Judge that you wish to present your case in person and request the Judge's permission to be granted for the same.

1) No need to ask for an Advocate in view of the above;

2) Plead pardon for earlier absence if any, and remain present in person for all the future Court hearings;

3) Yes, plead that you will argue your case in person;

4) A property dispute is best resolved by mutual dialogue and discussion with your brother and not through Court intervention.

You can mail me for further on-line advice at [email protected]

Regards,

Read more
Answered on 5/18/12, 8:40 pm


Related Questions & Answers

More Civil Rights Law questions and answers in India