The law is known as black letters, which is complex and not easily understandable by a person who lacks a legal background or has undergone legal studies. So when it comes to Courts, lawyers/advocates are said to be the bridges connecting parties and the judges, assisting both in deciding a dispute as per the Indian Legal System.

But what happens when this bridge is absent and the parties wish to fight their case on their own? While law is complex, can an ordinary person grasp those intricacies and succeed in presenting a legal matter in person before the Court of law? Given below is the detailed explanation of party in person in High Court and other Courts in India.

What is a party in person in court?

As the term suggests, a private person whose rights/interests are the reason for cause of action in a legal matter before the Court may represent himself/herself before the Court. It could be the petitioner who initiated the legal matter, or the defendant against whom the rights need to be enforced.

Party in Person under BNSS

The Bharatiya Nagarik Suraksha Sanhita, 2023, which has replaced the Code of Criminal Procedure, 1973, does talk about a party in person, as against one represented by an advocate. Provisions related to maintenance of public order and tranquility under Sections 163, 164, 166, etc. for party attending the Court in person. Section 229 discussing special summons for petty offences also provides for appearance before Magistrate to be in person or through an advocate. In any case, the person may appear in person before the Court only after applying to the Court seeking permission for the same while avoiding representation by an advocate.

Party in Person under CPC

As compared to the Criminal Procedure, the Code of Civil Procedure, 1908 is quite clear with respect to Party-in-Person in Court. Order III of the CPC provides for recognized agents and pleaders in civil matters, while Rule 1 of the same states that appearance in a Court may be made by the party in person, by a recognized agent or by a pleader. It further provides that such appearance may be made by the party in person if the Court so directs. Thus, it is clear that in a civil suit or application before Civil Court, as the case may be, a person may apply to the Court seeking permission in this regard without a Civil lawyer, and the said person may be allowed to plead as party in person.

Party in Person in Family Court

When a person is appearing for a matter before a Family Court, representation by a lawyer remains questionable. Section 13 of the Family Courts Act, 1984 discusses the right to legal representation. The provision outrightly denies a party's entitlement to be represented by a legal practitioner in a Family Court proceeding. In fact, the Family Court may seek the assistance of an amicus curiae if they find it necessary in the interest of justice. Hence, the party in person has to handle the matter and answer whatever the Family Court asks during the proceedings.

Rules for Party-in-Person in High Court

Various High Courts have different rules for parties in person. In other words, the Karnataka High Court may have a different party in person application format as compared to that of the Punjab and Haryana High Court. Thus, when you wish to check the rules for a party in person in the High Court, you need to check the rules of the particular High Court you wish to appear before. In essence, the procedure particularly includes filing an application before the Court seeking permission to appear as a party in person in High Court.

This will be followed by filing of the matter, stating the exact facts and cause of action based on applicable laws, providing evidence, examination of witnesses, arguing before the Court, etc. It may be noted that party in person in the High Court does not get much leverage for being a person without any legal background. In other words, you may not get any benefit for not knowing the laws or legal processes.

The Advocates Act, 1961

Section 32. Power of court to permit appearances in particular cases.―Notwithstanding anything contained in this Chapter, any court, authority, or person may permit any person, not enrolled as an advocate under this Act, to appear before it or him in any particular case.

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.

No Need of a Lawyer in Consumer Forum

Any consumer can go and file a complaint. The complaint need not necessarily be filed by the complainant himself; any recognised consumers' association can espouse his cause. Even a consumer can argue his own case under the provision of Consumer Protection Act

Party-in-Person Application Format as Prescribed Karnataka High Court

Given below is the form extracted for party-in-person application format along with an undertaking and certificate, as shared by the Karnataka High Court through The High Court of Karnataka (Conduct of Proceedings By Party in-Person) Rules, 2018.

Important Elements in a Suit/Petition by Party-in-Person

Given below are the 10 crucial aspects which need to be taken care of by a party in person in Court: 1. Details of the Petitioner/Plaintiff 2. Details of the Defendant 3. Facts of the Case clearly stating the acts violating plaintiff's rights 4. Cause of Action - Date, time and cause 5, Compliance with limitation period 6. Evaluation of Case 7. Court Fee to be paid 8. Pecuniary Jurisdiction 9.Territorial Jurisdiction 10. Prayer - The Relief Sought.

Award Winning Article Is Written By: Mr.Kishan Dutt Kalaskar

Authentication No: OT429669207645-22-1024