A Father cannot appear and plead on behalf of his children: Madras HC [Read Order]

“Only an authorised practitioner of law, can appear and plead on behalf of some other individual” the bench observed.

A Division Bench of Madras High Court bench, in P.Balasubramaniyan v The Tahsildar, Karur District has refused to grant permission to a father to appear as party in person and plead on behalf of his children.

The father had appeared before the court claiming on behalf of his two sons, seeking a direction to the respondent to issue caste certificates to the children. The children however were not made parties to the writ petition. The registry of the high court, raised objections on the maintainability of the petition, but however directed the matter to be placed before the division bench by assigning a temporary number.

The Division Bench headed by Justice Nooty Ramamohana Rao and Justice S.S.Sundar upheld the objections of the registry and dismissed the writ petition as not maintainable. The bench noted as follows:

“If we permit the petitioner – Sri.P.Balasubramaniyan, to appear as party-in person and plead on behalf of his children, it would amount to practising the profession of law. Only an authorised practitioner of law, can appear and plead on behalf of some other individual. Hence, we are of the opinion that this writ petition is not maintainable and the objection raised by the Registry is upheld. Accordingly, W.P(MD)SR.No. 31508 of 2016 is rejected.”

Read the order here.