Karma Sonam Bhempulasongpa Vs Dorjee Doma Bhutia And Another

Sikkim High Court 9 Aug 2024 First Appeal Order No. 01 Of 2024 (2024) 08 SIK CK 0024
Bench: Single Bench
Acts Referenced

Judgement Snapshot

Case Number

First Appeal Order No. 01 Of 2024

Hon'ble Bench

Meenakshi Madan Rai, J

Advocates

Jorgay Namka, Avinash Dewan, Rinchen Ongmu Bhutia, Thupden G. Bhutia

Acts Referred
  • Code Of Civil Procedure, 1908 - Order 41 Rule 22

Judgement Text

Translate:

Meenakshi Madan Rai, J

On the last date, the Respondent No.1 who was present in person before this Court had been informed of the provisions of Free Legal Aid and told to

submit an application to the Member Secretary, Sikkim State Legal Services Authority (SSLSA) to enable her to avail of Free Legal Aid.

Today, she submits that she has not filed any application before the SSLSA and intends to represent herself in this dispute. That, some friends from

Mumbai are assisting her in conducting the case and she does not seek to engage a Legal Aid Counsel.

It is reported by the Registry that Respondent No.1 has filed a Cross Objection under Order XLI Rule 22 of the Code of Civil Procedure, 1908,

through e-Filing, before this Court, on 06-08-2024, which was rejected on 07-08-2024, due to the incorrect provision of law applied by her.

Considering the nature of the dispute, she may continue obtaining advice, if so required, from her friends. However, as she is admittedly not even a

Law Graduate, she is incompetent to conduct the matter personally and to navigate the legal parameters.

Notwithstanding the above circumstances, to avoid any prejudice to her, the Member Secretary, SSLSA, is directed to appoint a Legal Aid Counsel

for the Respondent No.1. On the next date, she shall be represented by the Legal Aid Counsel appointed by the SSLSA.

Copy of this Order be forwarded to the Member Secretary, SSLSA, for immediate compliance.

List on 29-08-2024.

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