Party In Person

 

Statue

1. Advocates Act
1. Section 30 - Right of advocate to practise  - Subject to the provisions of this Act, every advocate whose name is entered in the 3[ State roll ] shall. be entitled as right to practise throughout the territories to which the act extends
1. in all courts including the Supreme Court
2. before any tribunal or person legally authorised to take evidence
3. before any other authority or person before whom such advocate is by or under any law for the time being in force entitled to practise.
2. Section 33 - Advocates alone entitled to practise, NO person can be said to be entitled to practise in any court, unless he is enrolled as an advocate under this act.
3. Section 32 - Power of court to permit appearances in particular cases, discretionary power to permit, or not permit such a person who is NOT enrolled as an Advocate to appear before it.
2. Uttarakhand Party in Person Rules 2020
1. Bestows discretionary power on the court to permit or not to permit a party to appear in person and to argue his or her case.

Important Points

1. Discretion vested by Advocates Act on court to permit or not to permit a party to appear in person and to argue the case.
2. It is NOT the RIGHT of a person other than an enrolled advocate to appear and argue before the court. 

Arguments for Party In Person

1. No faith in any of the counsel of HC and would not like any counsel to be appointed by Court 
2. his advocates are draged into needless controversies by those in power
3. Knowledge of law, his erudite arguments his critical analysis of the law and facts have been lauded by a few legal fora.

Case Laws

1. Goa Antibiotics and Pharmaceuticals Ltd Vs R.K Chawala & 9 (2011) 15 SCC 449
1. It is not the right of a person, other than an enrolled advocate, to appear and argue before the court, but it is a discretion vested by the Act on the Court to permit or not to permit a party to appear in person and to argue the case.