• How to appear in person for the hearing of writ petition when lawyer's is on strike?

I have filed a writ petition in Kolkata highcourt, my writ petition number is listed in the causelist of hon'ble court. But due to strike of bar council's of Kolkata highcourt my advocate is not appearing before court. Writ petition is versus a PSU who has engaged a panel lawyer for itself. I want to appear before the court personally, i.e. i want to argue in my hearing. What formalities like vakalatnama/memo of appearance is required to be done by me? And also if i have to give prior notice to the PSU(respondent in the writ petition)
Asked 4 years ago in Civil Law

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26 Answers

1) You just go and attend the court on that date and explain why your lawyer did not turned , judge may know all facts but still formalities attend the court any how you will get next hearing date.

Ganesh Kadam
Advocate, Pune
12335 Answers
191 Consultations

4.9 on 5.0

Hi

1) You can appear in the court and ask the court to hear you as a party in person.

2) There is no requirement for a vakalatnama or memo of appearance required to be done by you.

3) All you need to do is represent before the Judge hearing your case that you wish to present your case as party in person by making an application in legal size paper that you are the party in the case and wish to present your case as party in person.

4) There is no necessity to inform the other side counsel that you intend to argue the case as party in person.

Rajgopalan Sripathi
Advocate, Hyderabad
2169 Answers
394 Consultations

5.0 on 5.0

1) take a date if your lawyer is not appearing personally

2) when you have engaged a lawyer you should not appear in person

3) no need to give prior notice to PSU

4) you can inform the court that you want to appear in person

Ajay Sethi
Advocate, Mumbai
87932 Answers
6207 Consultations

5.0 on 5.0

1. Neither your lawyer nor the panel lawyer of the PSU shall appear before the Court and the case will come up for hearing on a later date after the strike is over.

2. There are thousands of such cases coming up for hearing every day during the strike period which is not being heard by the Court.

3. In fact few judges are also not attending the empty court for obvious reason.

Krishna Kishore Ganguly
Advocate, Kolkata
26602 Answers
726 Consultations

5.0 on 5.0

When case appears on board you should mention that you want to argue the case in person

2) you do not want adjournment

3) court will note your appearance and permit you to appear in person

Ajay Sethi
Advocate, Mumbai
87932 Answers
6207 Consultations

5.0 on 5.0

1) by explain here ita not so easy to plead the case, any how you wish to plead the case than tomorrow onwards visit in rhe court and atleast attend one case pleading and cross connection and in same judge court so you will get confidence to fight in your case.

Ganesh Kadam
Advocate, Pune
12335 Answers
191 Consultations

4.9 on 5.0

In case you have hired an advocate and the lawyers are on strike, on calling the case, you appear before the Hon'ble Court and mention that due to strike my lawyer is not appearing and I am ready to argue to case. For appearing personally no formality is required. You can mention that I want to argue personally. I think the writ is on admission stage, the Hon'ble court may hear you on admission even in the absence of your lawyer and respondent lawyer and on hearing you, give notice to the respondent for the next date of hearing. It is also possible that Hon'ble Justice may not hear you in the interest of justice and adjourn the case for the next date of hearing due to strike of lawyers.

Dalip Singh
Advocate, New Delhi
1040 Answers
36 Consultations

5.0 on 5.0

1) judge would adjourn the case

2) if Respondent lawyer does not appear for 3 consecutive dates then only exparte order may be passed

Ajay Sethi
Advocate, Mumbai
87932 Answers
6207 Consultations

5.0 on 5.0

1) There are N numbers of options for that particular day.

a) As judge know on that day lawyers are on strike then court may go on leave for that day.

b) May be judge may give you chance to speak or plead the case.

c) How you explain the case and the judge understood that all depends upon judge.

d) Exparte may happen or may not happen chances are very rear.

Ganesh Kadam
Advocate, Pune
12335 Answers
191 Consultations

4.9 on 5.0

1. The Opposite side lawyer will not appear in the said case when the strike has been called by all the Bar Associations affiliated to different political parties and BJP supporting lawyers are also not attending the Courts.

2.Even if he appears the Court will not pass any adverse order which has already been appealed to the Chief justice by all the Bar Associations of Calcutta High Court.

Krishna Kishore Ganguly
Advocate, Kolkata
26602 Answers
726 Consultations

5.0 on 5.0

Appear before the judge and seek permission if the judge allows you the same, then you can have your remedies for yourself

Aveek Bose
Advocate, Kolkata
1222 Answers
9 Consultations

4.7 on 5.0

You're are free to appear in person.

There's no need for any documentation.

You may just appear before the court and inform that you are appearing in person and would conduct the case yourself.

To ensure appearance of the opposite side, give them a notice in writing and take their undertaking on this notice.

Vibhanshu Srivastava
Advocate, New Delhi
9426 Answers
245 Consultations

5.0 on 5.0

Perhaps, the opp. party's lawyer would hesitate in appearing due to the call of strike by the banr Council.

Vibhanshu Srivastava
Advocate, New Delhi
9426 Answers
245 Consultations

5.0 on 5.0

Hello,

Intimate the lawyer in advance by means of a letter that you will be appearing in person

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

No document as such will be required for you to appear in person, just give an application to said effect to the judges when you appear in person before the court

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

Neing in strike the lawyer will not appear but you may definitely take help of a lawyer for the said process.

Also note that the court will not pass any adverse order or ex parte order till the strike is being observed.

Regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

Dear Sir,

The constitution of India provides you the liberty of appearing before the Courts in your personal case and not otherwise. It being a your personal case you have every right to present your case in your own fashion since there is no formality for citizen to present his case in any particular manner. You will stand in the shoes of your advocate and present your case thinking that you are submitting before the Court on behalf of your client otherwise you may get some sentiments and thus you may not submit properly. Always be polite to the chair and the judge. More marks will be given to your case towards your politeness rather than merits of the case because as you know judges always have some ego. You may also submit a written argument to the Court and also to the opposite side which binds the Court to discuss about written arguments in his judgment. Serve a notice to the opposite advocate and also PSU stating that you are going to represent your case in person though advocates are going on strike. The Supreme Court banned such strikes but inspite of that advocates are adopting such methods at the cost of clients. You may also get NOC from your present advocate which may not cause any embracement if the judge ask for your advocate. If you in need of any further help, you may call me.

Kishan Dutt Kalaskar
Advocate, Bangalore
6050 Answers
381 Consultations

4.8 on 5.0

if you would like to appear as party in person then you can file a memo before the high court on the date of hearing and request the court to permit you to appear as party in person, the court will accept your request and allow you to represent your case as party in person.

You dont have to give notice to opposite part for this.

T Kalaiselvan
Advocate, Vellore
78089 Answers
1543 Consultations

5.0 on 5.0

Even being a panel lawyer of the respondent/opposite party, the lawyer of the respondent would not attend the court when other lawyers are boycotting court.

You cannot insist his presence even if the lawyer's are attending court.

You have to confine to your case alone and you cannot dictate terms on the other side, the court will take care of all other issues.

T Kalaiselvan
Advocate, Vellore
78089 Answers
1543 Consultations

5.0 on 5.0

As respondents has filed the affidavit-in-opposition and I have also filed affidavit-in-reply thereto. i want to ask that, if respondent lawyer wouldn't appear before the court, can the hon'ble judge give the Ex-parte decision? and if not, then what other options i am left with? please help me, as my career depends on this writ petition.

Since both the parties have filed their versions and say in this cae, the court will decide the case on merits only and not on exparte basis, whether the opposite lawyer appears before court or not.

T Kalaiselvan
Advocate, Vellore
78089 Answers
1543 Consultations

5.0 on 5.0

1) you can appear in person

2) court would consider reply filed by defendant before passing orders

3) court may grant you reliefs

Ajay Sethi
Advocate, Mumbai
87932 Answers
6207 Consultations

5.0 on 5.0

1. If the legal aid has not appointed any lawyer to represent your case, you can very well appear as party ion person, provided you are aware of certain procedures of the court and the rules in this regard, even otherwise the court will help you out to represent your case as party in person.

2. That is the laid down procedure to be followed by court.

3. Since this is a matter of trial and arguments, you may present your case properly and argue the matter with citations very strongly without leaving any stone un turned to the satisfaction of the court.

Have a positive approach.

T Kalaiselvan
Advocate, Vellore
78089 Answers
1543 Consultations

5.0 on 5.0

(1) Ans: Yes

(2) Ans:Yes, it can happen.

(3) Ans: I think joining date is 12.3.2018 not 12.3.2017. Definitely, you would be getting relief from the Hon'ble Judge.

Dalip Singh
Advocate, New Delhi
1040 Answers
36 Consultations

5.0 on 5.0

1. You can of course appear before the Court and argue your case.

2. If both the parties have filed the affidavits, then you shall have to argue your case before the Judge to establish your grounds.However, the strike has further been extended and you shall be able to see from the cause list uploaded in the Court website about the listing of your case and appear before the Court accordingly.

3. The strike will continue till 13.03.2018. You can approach the Supreme court for necessary intervention and grant an order directing your employer in defering the said joining date of other persons.

Krishna Kishore Ganguly
Advocate, Kolkata
26602 Answers
726 Consultations

5.0 on 5.0

1. yes you can appear in person

2. Yes this can happens, if the reply has been filed then the court will not proceed ex-parte

3. It is highly probable that you will get the relief

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

Delhi HC is not observing strike these days.To which HC are you referring to?

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

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