Dear Dhamija sir

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    • #1051

      Sir I have a flat on 2nd floor in Delhi in my son’s name.
      There is heavy damp in my all walls and roofs due to my above flat owner.
      He is not agree to rectify the problem.
      He wants to buy my flat by troubling me.

      Sir I complained to Delhi Police, They said me to file a civil case in the district court.

      Now I want to know can i fight my case(The flat is in the name of my son) in the court my self and how to file my case in the court.

    • #1077

      Generally speaking, it should be possible to appear in person or on behalf of the son in the civil court.

      Relevant provisions of Rule 1 and Rule 2 of Order 3 of the Civil Procedure Code are reproduced below:

      1. Appearances, etc., may be in person, by recognised agent or by pleader.— Any appearance, application or act in or to any Court, required or authorised by law to be made or done by a party in such Court, may, except where otherwise expressly provided by any law for the time being in force, be made or done by the party in person, or by his recognised agent, or by a pleader 1[appearing, applying or acting, as the case may be,] on his behalf:

      Provided that any such appearance shall, if the Court so directs, be made by the party in person.

      2. Recognised agents.— The recognised agents of parties by whom such appearances, applications and acts may be made or done are—

      (a) persons holding powers-of-attorney, authorising them to make and do such appearances, applications and acts on behalf of such parties;

      (b) persons carrying on trade or business for and in the names of parties not resident within the local limits of the jurisdiction of the Court within which limits the appearance, application or act is made or done, in matters connected with such trade or business only, where no other agent is expressly authorised to make and do such appearances, applications and acts.

           


      Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.

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