Sample Application for fighting your own case , as " Party In-person " in Bombay High Court
Section 32 of the Advocate’s Act clearly mentions, the court "May allow any person to appear before it even if he is not an advocate". Therefore, one gets the statutory right to defend one’s own case through Advocate Act in India. This rule is subject to certain exceptions.
- Article 19 of the Constitution of India guarantees certain freedoms to the citizens of this country which includes right to practise any profession or to carry on any occupation, trade or business. It, therefore, naturally follows that the right to practise law, which is a profession, is a fundamental right that is conferred upon all citizens of this country.
- Therefore, it can be said that the person has right to appear in any court in India. There are exceptions based on general rules that are only regulatory in nature and the main purpose is to impose reasonable restrictions in the interest of general public.
Every court has their rules which serve as a guideline for procedure implementation and these rules also talks about contending case without an advocate. Here I sharing a sample application used in One of the Bombay High court . One can use this accordingly.
Keep it mind , every body knows his or her capability . You are the best person to defend your case. It is always recommended to keep close watch on what advocates are doing in your cases . Most of the victims men losses their cases , because they don't participates in court proceedings and even don't know what is going on in proceedings . Soo always maintain your file , kept all courts date orders application everything . So that you can fight your cases at its best .
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BEFORE THE HON’BLE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR
BENCH NAGPUR
Civil Application No. -
xxxxxxx
In Writ Petition No. -
xxxxx
PETITIONER :- xxxxxxxxx S/o xxxxxxxxxx,
Practice
RESPONDENT :- Sau.xxxxxxxxxxxxxxxxx
.
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Civil Application
For Permission to Appear and Argue The Case In Person
The Applicant Most
humbly and respectfully begs to submits as :-
1. The Present Appeal
was filed by Petitioner at the date of
xxxxxx against the Interim order passed by Family Court Nagpur the
Respondent is xxxxxxxxx
2. Petitioner is Post Graduate in English and
also Completed B.Ed. and well versed with the procedures of conducts and
proceedings before court.
3. Petitioner is aware the duties and etiquettes
towards the dignity of Hon’ble court
4. Petitioner is aware
that decorum of the Hon’ble Courts is to be maintained.
5. Petitioner is aware to maintain the decorum of
the hon’ble courts and to put in all his efforts to as sit the hon’ble court in the present case for
disposal of the matter.
6. Petitioner is aware that amendments have been
made in the Bombay High Court (Original Side) Rules 1980 and Bombay High Court
Appellate Side Rules 1960 vide notification dated 9th Sept 2015 and
that it is mandatory for persons appearing in person before hon’ble courts to
seek permission for appearing as party in person and for arguing the case in
person.
7. Petitioner wishes to appear as party in person
and to argue the case himself for self and this honb’le court to be pleased to
permit the petitioner to appear and argue the case in person on before the
court in the interest of justice
Hence this
application
Prayer :- Petitioner financial interest is affected in
the matter. It is humble request to grant Petitioners application to fight in
person. Hope this application will consider sympathetically and will permit the
petitioner to fight in person.
Place :-xxxxx
Date :- xxxxx
Applicant
xxxxxxxxxxxxxxx
SOLEMN AFFIRMATION
I, xxxxxxxxxxxx, Aged 34 years,
Occupation: Service, R/oxxxxxxxxxxxxxx, Petitioner herein, do hereby take oath and state The contents therein from para 1 to 7 are
true and correct to the best of my personal knowledge and belief.
Hence
verified and signed at Nagpur on this xxx day of xxxxxxxx.
UNDERTAKING :-
The applicant mostly humbly and
respectfully undertakes that he will
maintain decorum of the Honb’le Court and will not use or experis objectionable
and unparlimentory language or behavior during the course of hearing in the
court or in the court premises or in the further pleading
Hence this undertaking
Place :- xxxxx
Date:-xxxxxxx Applicant
xxxxxxxxxxxxxxxxxxx
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