• Under which section can I file application

Dear Sir, 
I want to represent my self as party in person in my civil case where i am a defendant. 
I want to know the exact section under which i can file the application to request the court to permit me to be Party in Person after relieving my Advocate.
I have received NOC from my Advocate. 
Thank you.
Asked 8 years ago in Civil Law

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6 Answers

1) your advocate has already issued you N0C

2) you can inform the court on

Next date that you don't want to engage any

advocate but shall be appearing in person

3)court will grant you time to file your written statement

Ajay Sethi
Advocate, Mumbai
94520 Answers
7485 Consultations

5.0 on 5.0

I want to represent my self as party in person in my civil case where i am a defendant.

I want to know the exact section under which i can file the application to request the court to permit me to be Party in Person after relieving my Advocate.

I have received NOC from my Advocate.

You can move an application under Order III Rule 1 of CPC along with an affidavit stating reasons for appearing as party in person to your case.

You can also state that you have terminated the services of the advocate you had engaged and have already obtained No objection from him.

T Kalaiselvan
Advocate, Vellore
84711 Answers
2172 Consultations

5.0 on 5.0

You should certainly mention the provision of law in the I A seeking permission to appear as a party in person in the case and the provisions to be mentioned is Under Order III Rule 1 and section 151 CPC.

Hope you got it right.

T Kalaiselvan
Advocate, Vellore
84711 Answers
2172 Consultations

5.0 on 5.0

Order V rule 2

(2) A defendant to whom a summons has been issued under sub-rule (1) may appear-

(a) in person, or

(b) by a pleader duly instructed and able to answer all material questions relating to the suit, or

(c) by a pleader accompanied by some person able to answer all such questions.

Ajay Sethi
Advocate, Mumbai
94520 Answers
7485 Consultations

5.0 on 5.0

Hi, there is no provision under code of civil procedure for represent as party in person.

2. You just filed a memo stating that you will permit to conduct the case party in person.

Pradeep Bharathipura
Advocate, Bangalore
5604 Answers
335 Consultations

4.5 on 5.0

There is no specific section whereunder the application is to be filed. Since you have obtained NOC from your lawyer it should suffice.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

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