How To File A Case Without Lawyer in India?

Yes, it is possible to file a lawsuit without a lawyer but people fear if they are allowed to file a lawsuit without a legal professional. There’s a constant fright that the wrongdoing can go unaddressed and the wrongdoer may set free without punishment or any type of compensation.

Section 32 of the Advocate’s Act of India states:

“The court may allow any person to appear before it even if he is not an advocate.” One gets right to defend one’s case through the Advocate’s Act of India.

The first step is to figure out which legal right is infringed or what wrongdoing has occurred. After figuring out what it is, you need to make a deep research of the key elements present in your case. It should be a legal wrong, not anything that upsets you. Though it can be said that is a bit complicated, as just because you felt something wrong and it should be addressed in court. This is more than that, you have to do good research and see what infringement of your rights took place otherwise your claim would be jeopardized.

These procedures are a bit complicated if you’re not a legal professional you need to know where to look? What to look like? Or need to look at the first place. Most people hire a lawyer to avoid this hustle. People prefer to hire an attorney rather than facing this hefty procedure on their own.

Lawyers are basically trained professionals and they are familiar with all the procedures. If you need to win a case you need good knowledge and a strong grasp on legal education and of course lawyers have this experience.

After figuring out what case you have you need to prepare your documents. You can even take help from court clerks or law libraries. To file a lawsuit you need proper documents. Legal aid groups can also help you in the completion of your paperwork or documents and even give advice on what to file, where to file, and fees for your filing of paperwork.

After completion of your paperwork, you need to file it with the respected clerk of the court and pay the filing fee. Also, keep a copy of the suit filed with you. If you are not in a position to pay filing fees you can ask for a waiver of these fees.

After filing your lawsuit you have to be very careful with the deadlines otherwise you may lose your case. You need to find evidence to support your case. Your preparation will decide your case’s verdict. Your documents need to be complete. This process may seem very hefty but procedure after this is even more complicated. A layman is not aware of the legal knowledge which can fall short in winning a case that’s why it is advised to hire a good professional lawyer.

It is best to hire a lawyer, as a lawyer or a person belonging to legal background knows the legal system in a more intricate way and knows even the smallest and final detail that a common person or a layman is not generally aware of. If you cannot afford or bare the high profile fees of lawyers you can file your lawsuit on your own, it is very much possible. Well, it is the downside of the legal system in India that lawyers charge or demands hefty amounts of money which generally people couldn’t afford. Most people in India belong to the rural class or middle class who cannot even think to hire a lawyer and the literacy rate is so low that people cannot even fight their own cases leaving them helpless and with no justice.

Well, some important things you need to know or remember are that you can argue your own case but not for anyone else. A normal person of course can file and argue his own case but power of attorney cannot be given to any person besides a lawyer or a legal person or legal professional.

In the case of Vishnu Kerikar, he wanted to represent Goa Antibiotics and Pharmaceuticals Ltd. He was employed as finance manager of the company and he claimed to be The Power of Attorney.

Well, the bench said, “A power of attorney holder should be a lawyer or a person in the l profession.”

This article is authored by Muskan Singh student of 2nd year BBA LLB at JEMTEC, IP University.

Also Read: How To Pay Stamp Duty In India?

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