Response

You can defend your own case. But the chances for a party to succed are very less. The court procedures are not known to the party in person. It is better to have an advocate. If you are thinking of filling and defending your own case you can do that but please ensure that you are through in Law. This is Battle Field is different then what you would have experienced but yes you can do that. Writ Petitions cannot be filed by email howver some high courts are having e filling. In Supreme court you can file your petition using E filling.

As per the constitution of India any person can file and argue his own cases in any court in India . However, you should be aware of certain difficulties that you may face. No doubt, you would be the master of the facts of your case. But, you should also have a working knowledge of law, procedures and to some extent, the court-craft. If you donÕt know the procedural and legal nuances, you may lose on important points. It is advisable to have a good lawyer(s) by your side.Ê

Yes a person can defend his case at own but not on behalf of others. Through special power of attorney, one may also appear and defend on behalf of other provided some nexus is shown like close relative and friend . But one cannot do it professionally without law degree. Otherwise it will be in violation of Advocates Act.

But I strongly disapprove the idea of defending a case at own. Courts have a well defined procedure which need to be followed. Courts do not have time to hear a person over-patiently and to tell what procedure to be followed. One may lack legal and skills which are needed to win a case. Though win for truth is desirable, but it is not always possible. A well presented case with good evidence have better chance to win. Judges do not have a magic wand, they go by rationality which is presented to them through well trained legal mind. Little knowledge may prove to be a dangerous thing.
A professional is professional.

If one is really interested to full involved in the case, then i recommend atteneding the case on every date, to have copy of each doucment, have a parrallel file as is available with advocate, assisting the advocate with facts beforehand at his office while preparing reply, affidavit, suggesting questions for cross examination of other witnesses, searching and exploring what type of evidence may help in putting up oneÕs case.ÊÊ

Reference: No Particular law

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