Can a common man file a case and argue on behalf of his friend in india
Answers
Answer:
yes of course
Explanation:
ya he can surely
Explanation:
someone, you may sign sale deeds and agreements on his behalf, but you cannot argue for him in a court of law unless specifically permitted.
The Supreme Court has ruled that except for petitioner in person, no one other than advocates are permitted to argue cases on behalf of others. Even officials cannot argue a case in court on behalf of the company in which they are employed, it
"A natural person can, of course, appear in person and argue his own case personally but he cannot give a power of attorney to anyone other than a person who is enrolled as an advocate to appear on his behalf".
"To hold otherwise would be to defeat the provisions of the Advocates Act," the bench said ruling out an ailing person giving power of attorney to his son to argue a petition filed by him in a court.
Even allowing a person to argue his case before a court is not a matter of right. "It is a discretion conferred by the Act on the court to permit anyone to appear in a particular case even though he is not enrolled as an advocate," it said.
In the case in hand, one Vishnu Kerikar wanted to appear and argue on behalf of Goa Antibiotics and Pharmaceuticals Ltd, in which he was employed as deputy manager finance and claimed to be the power of attorney holder for the company.
The bench said: "A power of attorney holder cannot, unless he is an enrolled lawyer, appear in court on behalf of anyone, unless permitted by the court under Section 32 of the Act, though of course he may sign sale deeds, agreements etc, and do other acts on behalf of someone else, unless prohibited by law."
The court adjourned hearing in the case for four weeks to enable the company to engage a lawyer to appear and argue on its behalf.