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march 1978

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.

HARISHANKAR RASTOGI vs GIRDHARI SHARMA AND ANR. · Niyam