Party's Capacity To Draft And Plead Should Be Assessed Before Giving Certification To Appear In-Person: Karnataka High Court

The Karnataka High Court has said that parties-in-person who are not able to plead properly in their petition and draft their pleadings should not be granted the certification by the Registry to argue in the court in-person.

A division bench of Chief Justice N V Anjaria and Justice K V Aravind observed thus while dismissing a petition filed by one Mohamed Ikbal.

The petitioner-party-in-person is an advocate, claimed to be a social worker and administrator of Masjid and Khabrastan at Rudrapatna, Arkalgud Taluka, Hassan District. He had approached the court seeking a direction to the authorities to undertake proper survey of a land which he claimed to be Muslim burial ground.

The bench noted that the petition is characterised by wayward pleadings made by the party-in-person. Apparently drafted by the petitioner-party-in-person, the pleadings contained long statements and facts which are "extra in nature", not properly related to the controversy. The pleadings are made "cumbersome" to cull out the crux of the controversy, the Court noted.

It said “This phenomenon of indisciplined irrelevant, unnecessary and long unrelated pleadings which are even otherwise, hardly up to the mark are seen in common whenever party-in-person appears either as petitioner or respondent and conducts the matter.”

Following which it said “Therefore, it is desirable that while assessing the competency to appear as party in-person by the Committee under the High Court of Karnataka (Conduct of Proceedings by Party-In-Person) Rules, 2018 and before issuing Form 16 certifying party-in-person to be competent to appear before the court, their capacity to plead and draft the case properly as per the law of pleadings, should also be applied as one of the criteria.”

On merits of the case, the bench referring to affidavit in reply filed by the state government said “It is clear that Survey No.73 is kept intact for the use of burial ground of particular community barring the portion used therefrom as road by the villagers even before the grant.”

Dismissing the petition it said “Authorities shall always ensure the protection of use of the extent of burial land, part of the area from being encroached upon by trespassers and encroachers.”

Appearance: MOHAMED IKBAL, PETITIONER-PARTY-IN-PERSON

AGA NILOUFER AKBAR, FOR RESPONDENT NOS.1 TO 8

Citation No: 2025 LiveLaw (Kar) 166

Case Title: Mohamed Ikbal AND Secretary to Government of Karnataka

Case No: WRIT PETITION NO.23615 OF 2022

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