When an individual or organization files a revision petition in the High Court — whether in civil or criminal matters — one of the most important questions that arises is whether it is necessary to be represented by a lawyer. This is a practical and legal issue, because litigation in the High Court involves complex procedures, strict compliance with statutory provisions, and understanding of precedents.
The direct answer is: It is not legally mandatory to have a lawyer for filing or arguing a revision petition in the High Court; a party can appear and argue in person (called “party-in-person”). However, in practice, legal representation is strongly advisable because of the technical and procedural complexities involved.
In this article, we will examine the statutory provisions, constitutional rights, High Court rules, case law, and practical implications regarding legal representation in revision petitions.
1. Understanding a Revision Petition in the High Court
Before discussing legal representation, it’s important to understand what a revision petition is.
- Civil Revision Petition – Filed under Section 115 of the Code of Civil Procedure (CPC) against orders of subordinate courts when no appeal lies.
- Criminal Revision Petition – Filed under Sections 397 to 401 of the Code of Criminal Procedure (CrPC) to challenge the legality, correctness, or propriety of an order passed by a lower criminal court.
The High Court exercises supervisory jurisdiction in revision petitions. It does not re-hear the case on facts like an appeal but only examines whether the lower court acted within its jurisdiction and according to law.
Because revision jurisdiction is technical and limited, the drafting of the petition, the framing of grounds, and the presentation of arguments must be precise — and this is where legal representation matters.
2. Constitutional and Statutory Right of Self-Representation
2.1 Constitutional Perspective
Article 19(1)(a) of the Constitution guarantees freedom of speech and expression, and Article 21 ensures the right to life and personal liberty. Together, these rights support an individual’s ability to approach courts without necessarily hiring a lawyer.
Article 22(1) specifically gives an arrested person the right to consult and be defended by a legal practitioner of their choice, indicating that legal representation is a right, not an obligation.
2.2 Civil Procedure
Under Order III Rule 1 CPC, parties can appear either in person or by recognized agents or pleaders. This clearly allows self-representation in civil matters.
2.3 Criminal Procedure
Under Section 303 CrPC, any person accused of an offence before a criminal court has a right to be defended by a pleader of his choice. This means hiring a lawyer is a right, but not compulsory.
Thus, under both civil and criminal laws, a party can appear in person before the High Court, including in revision petitions.
3. High Court Rules and Practice Directions
Each High Court in India frames its own Rules of Practice under Articles 225 and 227 of the Constitution. These rules usually include:
- How petitions should be drafted and presented
- Whether they must be signed by an advocate or can be signed by a party-in-person
- What forms, fees, and annexures are required
Most High Courts allow a party-in-person to file a revision petition after obtaining permission from the Registrar or filing a “party-in-person” affidavit. However, the party must strictly follow the procedural requirements, including pagination, indexing, notarization of affidavits, certified copies of impugned orders, and payment of court fees.
4. The Right to Appear “Party-in-Person” in the High Court
4.1 Definition
A party-in-person means a litigant who appears and argues his own case without hiring a lawyer. High Courts permit this to uphold access to justice.
4.2 Procedure
- The party must mention “Party-in-Person” in the cause title.
- The party may be asked to appear before a designated officer to verify their understanding of court decorum and procedure.
- The party must file all documents in the prescribed format and comply with the Registry’s scrutiny objections.
4.3 Court’s Assistance
Some High Courts have “Legal Services Committees” or “Legal Aid Cells” to assist parties-in-person with drafting or procedural compliance.
5. Why Legal Representation Is Highly Recommended
Although legally permissible to file a revision petition without a lawyer, in practice High Court litigation is highly technical. The reasons are:
- Complex Procedural Law:
- Civil revision petitions are governed by Section 115 CPC, and criminal revision petitions by Sections 397–401 CrPC.
- Both require precise framing of grounds — errors here may make the petition non-maintainable.
- Drafting Skills:
- A revision petition must include questions of jurisdiction, legality, or propriety.
- It should not merely re-argue facts like an appeal.
- Knowledge of Precedents:
- The High Court’s revisional powers have been narrowed by Supreme Court judgments such as Shiv Shakti Coop Housing Society v. Swaraj Developers and Aundal Ammal v. Sadasivan Pillai.
- Without awareness of these precedents, a party-in-person may misargue the case.
- Interim Relief:
- Seeking stay orders or suspension of sentence requires a separate application supported by affidavits.
- Lawyers know how to frame and argue these effectively.
- Cross-Examination on Law Points:
- Even though revision petitions are not trials, complex legal objections from the other side can arise.
- Registry Scrutiny:
- High Courts have stringent scrutiny procedures. Improperly drafted petitions are often returned or rejected.
6. Role of Legal Aid and Amicus Curiae
For persons unable to afford legal representation:
- Legal Services Authorities Act, 1987 provides free legal aid to eligible individuals.
- High Courts maintain panels of legal aid lawyers who can assist in filing and arguing revision petitions.
- The court can also appoint an amicus curiae (friend of the court) if it feels the party-in-person cannot present the case properly.
7. Case Law on Self-Representation and Legal Representation
- Hussainara Khatoon v. Home Secretary, State of Bihar (1979 AIR SC 1369): The Supreme Court emphasized the right to free legal aid as part of Article 21.
- State of Maharashtra v. Manubhai Pragaji Vashi (1995 AIR SC 1791): The Court held that the right to legal representation is integral to a fair trial but not compulsory.
- People’s Union for Democratic Rights v. Union of India (1982): Access to justice includes the ability to appear without a lawyer if desired.
- Harishankar Rastogi v. Girdhari Sharma (1978 AIR SC 1019): A non-advocate can appear only with court’s permission; a party can always appear for themselves.
These cases show that while courts encourage representation by lawyers, they cannot deny a party the right to appear for themselves.
8. Procedure to File a Revision Petition Without a Lawyer
If a party wishes to file a revision petition themselves:
- Prepare the Petition:
Include cause title, parties’ names, details of the impugned order, facts, grounds of revision (jurisdictional error, illegality, material irregularity), and relief sought. - Annex Documents:
Certified copies of the impugned order, evidence, interim orders, and any supporting material. - File Affidavit:
Swear an affidavit verifying the facts stated in the petition. - Pay Court Fees:
Pay the prescribed fee for revision petitions as per High Court rules. - Submit Party-in-Person Application:
Seek permission to appear in person if required. - Comply with Registry Objections:
Make corrections as pointed out by the Registry before listing.
9. Advantages of Hiring a Lawyer
- Technical Drafting: Lawyers know how to frame grounds specifically under Section 115 CPC or Sections 397–401 CrPC.
- Case Law Research: Lawyers can cite the latest judgments to strengthen the petition.
- Oral Advocacy: Experienced advocates know how to respond to judges’ queries.
- Time Efficiency: Lawyers handle the Registry, file applications for interim relief, and ensure procedural compliance.
- Strategic Advice: Lawyers can advise whether revision is the correct remedy or if appeal/writ is more appropriate.
10. Risks of Appearing Without a Lawyer
- Procedural mistakes may cause dismissal at the admission stage.
- Missing limitation periods or failing to file condonation of delay applications.
- Inability to effectively counter arguments of opposing counsel.
- Losing the opportunity for interim relief due to improper drafting.
- Difficulty in understanding High Court practice directions and e-filing systems.
11. Conclusion
It is not legally mandatory to have legal representation for filing a revision petition in the High Court; a party can appear and argue as a party-in-person. However, because revision petitions involve complex legal and procedural issues, legal representation is strongly recommended to protect the litigant’s interests and ensure effective presentation of the case.
The High Court encourages self-representation as part of access to justice but also emphasizes the importance of competent advocacy to avoid miscarriage of justice. If a litigant cannot afford a lawyer, free legal aid is available under the Legal Services Authorities Act.
In summary:
- Legal representation is not compulsory, but highly advisable.
- If proceeding as party-in-person, be prepared for strict compliance with High Court rules and procedures.
- Seek legal aid or amicus curiae support if necessary.
12. Frequently Asked Questions (FAQs)
Q1. Is a lawyer mandatory for filing a civil revision petition in the High Court?
No. Under Order III CPC, a party may appear in person or through a recognized agent. A lawyer is not legally mandatory.
Q2. Can I argue my own criminal revision petition before the High Court?
Yes. Section 303 CrPC gives you the right to be defended by a pleader of your choice, but you may also defend yourself.
Q3. Will the High Court allow me to file without a lawyer?
Yes, but you must comply with High Court rules and may have to seek permission to appear as party-in-person.
Q4. Is free legal aid available for revision petitions?
Yes. Under the Legal Services Authorities Act, 1987, legal aid is available to eligible individuals in both civil and criminal matters.
Q5. Can the High Court appoint an amicus curiae in my case?
Yes. If the court feels you are unable to adequately represent yourself, it may appoint an amicus curiae.
Q6. Is it easier to win a revision petition with a lawyer?
While no outcome can be guaranteed, a lawyer’s expertise significantly improves your chances due to better drafting, case law research, and advocacy.
Q7. What if I make a mistake in my petition as party-in-person?
The Registry may return it for correction or the court may dismiss it for non-compliance. This is why legal representation is strongly advised.
Important: Kindly Refer New Corresponding Sections of Bharatiya Nyaya Sanhita 2023, (BNS); Bharatiya Nagarik Suraksha Sanhita 2023, (BNSS); & Bharatiya Sakshya Adhiniyam 2023, (BSA) for IPC; CrPC & IEA used in the article.
Disclaimer: This information is intended for general guidance only and does not constitute legal advice. Please consult with a qualified lawyer for personalized advice specific to your situation.
Adcocate J.S. Rohilla (Civil & Criminal Lawyer in Indore)
Contact: 88271 22304