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Writer's pictureLead India
Nov 29, 20223 min read

How Do I Win In Court Without A Lawyer ?

As per Section 32 of the Advocate act, a person could be allowed to appear before the court to represent himself even if he does not have an advocate. Therefore the right to defend one's own case is provided through the Advocates Act in India. However, there are certain exceptions to it-

  • Article 19 of the constitution provides certain freedoms to the citizens of the country which also includes the right to practise any profession or to carry any occupation, including the profession of practising law.

  • Every Court has its own rules which serve as a guideline for the procedure of working of the court and some of these rules also talk about contending cases without having a lawyer represent oneself.

  • These rules may prescribe that a person who is not a lawyer in the court should file a case along with a local advocate however there is no bar to appear on his own

  • In fact, with the permission of the court in an advocate could also be permitted to represent himself without a lawyer present. Also a lawyer who is not on the role of advocate in the high court or Supreme Court could appear along with a local advocate enrolled therein.

  • In addition to these rules, a lawyer who is not on the rolls of advocate in the High Court could move an application before the court to seek the permission of the court to appear before it without having his lawyer present.

Provision of law providing for a person to represent himself in his case-

Order Rule 1 of Civil Procedure Code-

Any application appearance or act in the court could be made by-

  • The parties involved in the case

  • Any recognised agent of the party

  • By the pleader appearing or acting on his behalf

  • This rule could be decided as per the discretion of the court

Fighting one's own case without having a lawyer present-

  • They could be very loose reasons due to which a party involved in a cave has changed multiple lawyers and finally for various reasons has decided to represent himself in the court of law. However, it is much easier spoken than done.

  • It is true that a party involved in a case knows way more about the facts of the case than any other person, however, to represent oneself, it is substantial to understand that such a person should be well versed with the working knowledge of the procedural parts of the law.

  • For example, a person who is a party to a breach of contract and has in depth knowledge of the clauses of the contract is not sufficient. In addition to knowing the facts of the case you must be aware of the provisions of the Indian Contract act and the procedure to file a civil suit.

  • Even though the courts are to provide justice to the common man it is important to understand there is definite and mechanical procedure to be followed while instituting a suit. For every step of a case a proper procedure is provided and is required to be followed. Even if you need to to get a certified copy of your own case judgement, a number of procedural steps are to be followed from following one office to another.

  • Before moving to court a real deal of preparation is required to be done. Various lawyers even do not know the proper art of drafting a plaint effectively as it requires a huge amount of experience and knowledge of law. In such a situation, a layman would definitely face a number of difficulties as well as technical failures may arise, which could affect the case at its very initial stage.

Conclusion

While representing yourself in your own case may seem simple and easier, however it requires a huge amount of preparation and knowledge of legal facts and provisions. As a layman we may not even be aware of various precedents, which could be common in the field of law.

Thus, before you take such a step it is advised that you talk to lawyer and ask a legal question related to your case, so that you could have a proper look into the depth of the legal procedures involved in your case and whether you could follow them.


Lead India offers you a wide pool of experienced advocates who have been successfully handling cases of civil as well as criminal nature and could offer you free legal advice related to your case.


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