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Report No. 85

Chapter 12

Appearance of Parties

Section 110bb (Proposed)

12.1. Appearance through legal practitioner.-

The next question concerns appearance by parties through legal practitioners, before the Claims Tribunal. The Act does not make any express provision on the subject. Like many other matters of procedure it is left to rules. However, some difficulty is created in this regard by the manner in which the rules are framed in some States, which in substance, provide that the Tribunal may in its discretion allow any party to appear through legal practitioner. In our opinion, having regard to the nature of the proceedings before the Tribunal, which though summary in character, may, often involve intricate questions of fact and law, it is proper that the Act should provide a right to appear through legal practitioners.1 The State rules on the subject will, of course, then become inoperative.2

1. Compare section 30(ii), Advocates Act, 1961.

2. Andhra Pradesh, rule 520; Assam, rule 9; Delhi, rule 8.11; Maharashtra, rule 308; Tamil Nadu, rule 9 and so on.

Claims for Compensation under Chapter 8 of the Motor Vehicles Act, 1939 Back

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