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TMI Blog1990 (2) TMI 314X X X X Extracts X X X X X X X X Extracts X X X X ..... e petitioners filed WPMP No. 15954/89 for allowing the G.P.A. to appear as party in person to plead the case. The application was ordered by the learned single Judge and then the writ petition was admitted on the same day. The respondent did not, however, have the opportunity of opposing the said application. Subsequently, when the matter came up before me, a doubt arose in my mind as to the competency of the G.P.A. to plead the case of the petitioners who are all Dall Mill owners residing in various parts of North India. The same G.P.A. has been appearing frequently in certain other cases on behalf of various parties and pleading their cases. He was therefore directed to submit to the Court the reasons as to why he contends that he should be permitted to plead for the principals. Thereafter, he produced certain letters from the principals treating the Power of Attorney executed in 1987 as still holding good and stating that the principals had also passed resolutions not to appoint any advocate in future in the aforesaid cases or any other litigation arising out of the same. He has filed a xerox copy of the power of attorney issued by one of the principals and the relevant portio ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... . 4. As the matter was of some importance, I have issued notice to the learned Advocate-General on whose behalf Smt. Vinnetha Reddy appeared and referred to decisions of various Courts and the Supreme Court. She pointed out that if absence of confidence in the legal profession as a whole is the sole reason for appointing the G.P.A., such a reason should not be countenanced by this Court while exercising discretion under S. 32 of the Advocates Act. It is pointed out further that the principals are Dal Mill owners and it is not as if they are not able to secure the services of lawyers of their choice anywhere in the country. Admittedly the G.P.A. is not a law graduate. 5. Both American and English Courts have adopted the doctrine that a non-lawyer may not appear in Court to represent another person. Outside the court-house, non-lawyers in earlier periods of American history freely performed tasks that today would be called the unauthorized practice of law. That general pattern still obtains in England and other countries in Europe where there has been never a prohibition against non-lawyers performing such legal functions as giving legal advice or preparing some kinds of legal ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ls. Section 24 which is in that Chapter says that a person shall be qualified to be admitted as an advocate if he is a citizen of India has completed 21 years, and has obtained a degree in law, certain other conditions are also specified in the section. Under S. 24-A a person is disqualified for enrolment if he is convicted of an offence involving moral turpitude or of an offence under the provisions of the Untouchability (Offences) Act. Chapter IV deals with the right to practice the profession of law. Section 30 says that every advocate whose name is entered in the State-roll shall be entitled as of right, to practice throughout the territory to which the Act extends viz., in all Courts including the Supreme Court, before any Tribunal or person legally authorised to take the evidence and before any other authority or person before whom such advocate is by or under any law for the time being in force, entitled to practice. Chapter V deals with conduct of advocates and disciplinary action to be taken against them by the Disciplinary Committees and the Appellate Authority constituted therefore and refers to the final appeals to the Supreme Court. Chapter VI contains Sec. 45 which pr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e by the Power of Attorney duly authorised therefore but so far as appearing or practising in Court are concerned, they are subject to the provisions of Ss. 32 and 33 of the Advocates Act. The right to appear in Court and plead for a principal as also the right to practice in Courts have to be distinguished from the other acts, which a power of attorney can perform under 0.3, R. 1, C.P.C. So far as the right to appear and plead for a principal in Court as also the right to practice are concerned, these are governed by Ss. 32 and 33 of the Advocates Act. 12. The words 'appear', 'plead', 'act' and 'practice' came up for consideration before a Full Bench of the Madras High Court in Thaamammal v. Kuppuswami Naidu, AIR 1937 Mad 937. In that case, a lady by name Krisbnammal who was not able to stay in Madras for conducting a case on the original side of the High Court, appointed a power of attorney agent to do several things on her behalf including 'appearing' and 'pleading' in Court. The agent claimed a right to 'plead' in Court just as an advocate. Beasley, C.J. referred to an earlier unreported judgment of Benson and Sundara A ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... , in my view, be permitted to 'address' the Court on the strength of the power-of-attorney. In Sornam's case, while observing that he can 'appear' or 'act' Natesan, J. observed (p. 211). As a recognised agent, he can have appearance and he can act; now he wants also to plead the cause before the Court, that is factually to practice the profession of law. 14. Natesan, J, also stated that the Supreme Court in Aswini Kumar Ghosh v. Arabinda Bose, [1953]4SCR1 , approved the meaning given to the word 'practice' by Kumaraswami Sastry, J. in the Full Bench case in Re-Powers-of-Advocates, ILR (1929) Mad 92 : 55 MLJ 551 : (AIR 1928 Mad 1182), to the following effect :-- the word 'Practice' means appear, act, and plead, unless there is anything in the subject or context to limit its meaning. 15. Therefore the word 'appear' is only one aspect and does not take in the concept of 'pleading' without which; it cannot be equated to 'practising'. In ThayarammaPs case, also it was stated that 'Practice' means drafting, engrossing, filing plaints, Judge's summons, affidavits and generally issuing legal ..... X X X X Extracts X X X X X X X X Extracts X X X X
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