DHEERAJ SAXENA Vs. STATE OF UTTARAKHAND AND OTHERS

JUDGEMENT

(1.) Whether a person, who is not an advocate by profession, can be permitted to plead on behalf of the party as his power of attorney holder? This is the question of law in this Civil Misc. Application.

(2.) This Special Appeal is directed against the judgment dated 02.03.2015 passed by a learned Single Judge of this Court in Writ Petition (S/S) No.1535 of 2014. In this Special Appeal, the appellant-writ petitioner, party in person, sought to be represented by his wife, Mrs. Shobha Saxena, who is not enrolled as an Advocate. Mrs. Shobha Saxena, the wife of the appellant, also sought to appear on his behalf as his power of attorney holder. In the support of their contentions, the appellant and his wife placed reliance on the judgment in Hari Shankar Rastogi vs. Girdhari Sharma and another, 1978 SCR (3) 493.

(3.) Mrs. Prabha Naithani, learned Brief Holder, contended that Mrs. Shobha Saxena, wife of the appellant, even a power of attorney holder, cannot plead on behalf of the appellant before this Court.