Description

Section 119 of the Code of Civil Procedure (CPC) deals with the right to address the court in a legal proceeding. It specifically restricts unauthorized persons from appearing before a court and addressing it on behalf of another person in the course of legal proceedings. This provision ensures that only individuals who are legally authorized to do so are allowed to represent parties in court and make arguments or submissions.

Key Provisions of Section 119:

1. Restriction on Unauthorized Persons:

   • Section 119 explicitly prohibits any unauthorized person from addressing the court. This includes individuals who are not recognized by the law as qualified to represent or act on behalf of someone in legal matters, such as non-lawyers or individuals without the necessary legal credentials.

2. Who Can Address the Court:

   • Only authorized individuals, such as lawyers or legal representatives who have been appointed or authorized in accordance with legal norms, are allowed to speak on behalf of a party in court.
   • This includes advocates duly enrolled with the State Bar Council, who have the formal legal qualification to represent clients in court.

3. Purpose of the Section:

   • The main purpose of Section 119 is to uphold the integrity and professionalism of legal proceedings. It ensures that only those who are properly trained, qualified, and recognized by law can provide legal arguments, represent parties, or make submissions to the court.
   • It also prevents individuals from engaging in unauthorized practice of law, which could potentially harm the interests of the party they are representing or compromise the fairness of the trial.

4. Unauthorized Representation:

   • If an unauthorized person attempts to address the court, their actions can be challenged, and the court has the power to take appropriate action. This might include rejecting the submission, contempt proceedings, or even disciplinary action against the unauthorized individual.

5. Legal Representation:

   • The section reinforces the importance of legal representation in court, as legal matters often involve complex procedural and substantive law. The expertise and training of authorized individuals (such as advocates) ensure that cases are properly presented and argued.
   • In some cases, the party in person may represent themselves in court (known as "party in person"), but even they are limited in their ability to address the court compared to a qualified legal professional.

Punishment

Section 119 does not specifically outline punishment for unauthorized persons, but it imposes serious consequences for violating this provision:

1. Court's Discretionary Power:

   • If an unauthorized person attempts to address the court, the court can refuse to listen to them or reject their submission.

2. Contempt of Court:

   • If an unauthorized individual persists in addressing the court without proper authorization, the court may take further action. This could include initiating contempt of court proceedings, particularly if the individual's actions disrupt or disrespect the legal process.

3. Disciplinary Actions:

   • The unauthorized person may also face disciplinary action by the relevant legal authorities, such as the State Bar Council (if applicable), for engaging in unauthorized legal practice or misrepresenting themselves as a legal professional.