Party In Person Filing using SPA

881 votes

In the Supreme Court, a Party-in-Person (PIP) is permitted to appear and argue their own matter, but a non-advocate cannot be authorised through a Special Power of Attorney (SPA) to file, sign, or argue on your behalf. The Supreme Court Rules are very strict on this point: Only two categories can file and act in a matter — (1) Advocates-on-Record (AOR), and (2) Party-in-Person (the litigant personally). A family member or friend cannot file or argue the case unless they are an Advocate-on-Record. An SPA holder is allowed only limited tasks such as receiving notices, collecting documents, etc., but cannot file the appeal, sign the vakalatnama, or appear before the Court. Therefore, if you want to file as Party-in-Person, you must personally sign and file the SLP/appeal papers. You may take assistance in drafting, but the filing must be done in your own name and signature. If you cannot appear personally and wish to authorise someone else, the only legally valid way is to engage an Advocate-on-Record, because in the Supreme Court only an AOR is permitted to file matters. In summary: SPA to a family member is NOT valid for filing in the Supreme Court. You must either file personally as PIP, or file through an AOR. If you need guidance on filing procedure, documents required, or draft formats, I can assist.

Advocate Yuganshu Sharma LawRato

918 votes

The SLP/Civil Appeal can be filed through a duly authorised Special Power of Attorney holder, even where the petitioner appears as a party in person. In such cases, the petitioner must file his own affidavit and a separate application seeking permission to appear and argue the matter personally before the Supreme Court.

Advocate Amit Kumar Agrawal LawRato

960 votes

A party-in-person is permitted to file and prosecute a matter before the Hon’ble Supreme Court of India. However, filing and appearance through a Special Power of Attorney (SPA) by a non-advocate family member is not permitted as a matter of right. As per the Supreme Court Rules, 2013 and settled practice: Filing of Appeal/SLP A party-in-person may file the appeal/SLP personally after obtaining Party-in-Person registration from the Supreme Court Registry and complying with procedural requirements. Alternatively, filing can be done through an Advocate-on-Record (AOR) only. Use of SPA An SPA holder who is not an Advocate-on-Record cannot file pleadings, sign vakalatnama, or address the Court merely on the strength of an SPA. An SPA may be accepted only for ministerial or logistical acts (such as collecting certified copies, filing documents under Registry directions), subject to Registry permission, but not for conducting the case. Appearance & Arguments Only the party-in-person himself or an AOR/advocate instructed by an AOR can appear and argue before the Supreme Court. A family member holding SPA cannot argue or represent the party unless enrolled as an advocate and engaged through an AOR. Conclusion: You may file and pursue the appeal as a party-in-person, but you cannot authorize a family member (non-advocate) through SPA to file or conduct the case on your behalf in the Supreme Court. If personal filing is not feasible, the legally permissible course is to engage an Advocate-on-Record.

Advocate Sanjeev Vohra LawRato