Supreme Court of India · 1978-03-13
HARISHANKAR RASTOGI vs GIRDHARI SHARMA AND ANR.
- Citation / case number
- SC 1978/90466
- Court
- Supreme Court of India
- Petitioner
- HARISHANKAR RASTOGI
- Respondent
- GIRDHARI SHARMA AND ANR.
- Author
- V.R. KRISHNAIYER
- Bench
- V.R. KRISHNAIYER
Judgment text excerpt
The Supreme Court clarified that a non-advocate may represent a party in court only with prior permission, as per Section 2(a) of the Advocates Act, 1961. The Court emphasized that while advocates have the right to practice under Section 30(1), it is permissible for a party to seek representation by a non-advocate in specific instances, provided the court assesses the circumstances and reasons for such representation. The ruling underscores the need for judicial discretion in allowing non-advocates to represent parties, especially in cases where legal aid is inadequate.