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Writer's picturelead india
May 19, 20233 min read

How Do I Win A Court Case Without A Lawyer ?

Provided under Section 32 of the Advocates Act, a person can be allowed to represent himself before the court in a situation if he does not have an advocate. Hence, one has the right to defend his own case as per the Advocates Act in India. But, certain exceptions have been provided under it-

  • Article 19 of the constitution of India provides certain freedom to the citizens of India which includes the right to practise one’s profession as well as to carry out any occupation, including the profession of practising law.

Each Court has its own rules which serve as guidelines for the working of court procedures and some of these rules also explain about the matter of representing cases without a lawyer present-

  • These rules provide that a person who is not a lawyer but wishes to represent himself in the court would have to file a case along with a local advocate, but no bar is imposed to represent on his own

  • With the permission of the court an advocate can also be permitted to represent himself without a lawyer present. Also a lawyer, if he is not on the roll of advocate in the High Court or Supreme Court can appear with a local advocate who is enrolled in the respective Court.

  • In addition to these rules, a lawyer not on the rolls of advocate in the High Court can file an application before the court so as to seek permission of the court to appear before it without having himself represent by a lawyer.

Provision of law which provides for a person when representing himself in his case-

  • Order Rule 1 of Civil Procedure Code-

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

  • the parties of the case

  • a recognised agent of the party to the court case

  • by the pleader appearing or acting on his behalf

  • It is the discretion of the court to allow a person to represent himself.

Fighting one's own case without having been represented by a lawyer-

  • There can be a number of reasons, such as when a party involved in a case has changed multiple lawyers and finally for personal reasons has decided to represent himself in the court of law.

  • A party involved in the case will know about the facts of the case more then any other person, but in order to represent oneself it is necessary to understand that such a person has to be well versed with the procedural knowledge about the law.

  • For instance, a person involved with the case of a breach of contract will have in depth knowledge of the clauses related to the contract, however such knowledge is not sufficient. In addition to be aware of the facts of the case, you must have the understanding of the Indian Contract Act as well as the procedure required to file a civil suit.

  • Even when the courts have to provide justice to the common man it is necessary to understand that there is a definite procedure required to be followed when filing a suit. During every step of the case, a proper procedure is there and must be followed. Even if you have to get a certified copy of the judgement of your own case, various procedural steps have be followed.

  • Before initiating the court case, you will have to prepare a number of documents. Even lawyers may not be aware of the proper art of drafting a plaint effectively which requires a huge amount of experience as well as the knowledge of law. In this situation, a layman would have to go through a number of difficulties as well as various technical failures may arise which can affect the case even from its very initial stage.

Conclusion

Representing yourself in your own case could seem to be simple and easier, but it would require a huge amount of preparation as well as knowledge of the legal facts and provisions of law. A lay man we may not even be aware of the precedents related to their case, which can be common in the field of law.


Therefore, before you decide to represent yourself, it is advised that you Talk To Lawyer and wish to Ask A Legal Question in relation to your case, in order to properly understand the depth of the legal procedures related to your case and if you can follow them.


Lead India offers you a wide pool of experienced lawyers who have been successfully handling cases related to civil as well as criminal cases and can offer you Free Legal Advice related to your case.


Call Us: +91–8800788535

Email: care@leadindia.law



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