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    Recognized Agents & Pleaders

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    Ananya Chakilam
    Order III of the CPC deals with recognized agents and pleaders. It outlines 6 rules regarding representation in court. Rule 1 allows parties to be represented by themselves, a recognized agent, or a pleader. Rule 2 defines recognized agents as those with power of attorney, conducting business for non-resident parties, or authorized to act for governments. Rule 3 states that serving a recognized agent is as effective as serving the party directly. Rule 4 requires pleaders to be appointed in writing. It describes the duration of a pleader's appointment and exceptions. Rule 5 considers service to a party's recognized agent or pleader as served to the party. Rule 6 allows parties to appoint agents residing in the court's jurisdiction to accept service

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    Recognized Agents & Pleaders

    Uploaded by

    Ananya Chakilam
    105 views2 pages
    Order III of the CPC deals with recognized agents and pleaders. It outlines 6 rules regarding representation in court. Rule 1 allows parties to be represented by themselves, a recognized agent, or a pleader. Rule 2 defines recognized agents as those with power of attorney, conducting business for non-resident parties, or authorized to act for governments. Rule 3 states that serving a recognized agent is as effective as serving the party directly. Rule 4 requires pleaders to be appointed in writing. It describes the duration of a pleader's appointment and exceptions. Rule 5 considers service to a party's recognized agent or pleader as served to the party. Rule 6 allows parties to appoint agents residing in the court's jurisdiction to accept service

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    Recognized Agents & Pleaders (1)

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    Order III of the CPC deals with recognized agents and pleaders. It outlines 6 rules regarding representation in court. Rule 1 allows parties to be represented by themselves, a recognized agent, or a pleader. Rule 2 defines recognized agents as those with power of attorney, conducting business for non-resident parties, or authorized to act for governments. Rule 3 states that serving a recognized agent is as effective as serving the party directly. Rule 4 requires pleaders to be appointed in writing. It describes the duration of a pleader's appointment and exceptions. Rule 5 considers service to a party's recognized agent or pleader as served to the party. Rule 6 allows parties to appoint agents residing in the court's jurisdiction to accept service

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    105 views2 pages

    Recognized Agents & Pleaders

    Uploaded by

    Ananya Chakilam
    Order III of the CPC deals with recognized agents and pleaders. It outlines 6 rules regarding representation in court. Rule 1 allows parties to be represented by themselves, a recognized agent, or a pleader. Rule 2 defines recognized agents as those with power of attorney, conducting business for non-resident parties, or authorized to act for governments. Rule 3 states that serving a recognized agent is as effective as serving the party directly. Rule 4 requires pleaders to be appointed in writing. It describes the duration of a pleader's appointment and exceptions. Rule 5 considers service to a party's recognized agent or pleader as served to the party. Rule 6 allows parties to appoint agents residing in the court's jurisdiction to accept service

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    Recognized Agents & Pleaders: Order III

    Order III of the CPC deals with “recognized agents and Pleaders”.
    Rule 1: Appearances, etc. may be in person, by recognized agent or by pleader: This rule
    provides for the provision regarding the conduct of suit i.e. to appear, to act or to apply before
    the court. It mentions that if such conduct is to be done, it must be done as follows:

    I. By the party himself (in person), or


    II. By his recognized agent, or
    III. By a pleader, as the case may be,
    except where otherwise expressly provided by any law for the time being in force.

    Rule 2: Recognized agents: A recognized agent is not defined in the code. He is a person
    allowed to speak or conduct proceedings in a court of law on behalf of the party to suit. Rule
    2 deals with the recognized agent. Following are the recognized agents:
    i. Persons holding power of attorney.
    ii. Persons carrying on trade or business for parties not resident within the local limits of
    jurisdiction of the court in matters connected with such trade or business only.
    It also includes persons authorized to act for government. [Order 27 Rule 2] as well as
    appointed to act on behalf of foreign rulers [Section 85].

    Rule 3: Service of process on recognized agent- The service of the process on a recognized
    agent is as effectual as a service of a process on the party in person unless the court otherwise
    directs. The provisions for the service of process on a party to a suit shall apply to the service
    of process on his recognized agent.

    Rule 4: Appointment of Pleader- Pleader is defined under Section 2(15) of the Code which
    says that any person entitled to appear and plead for another in court and includes an
    advocate, vakil and an attorney of a High Court. According to Rule 4, a pleader can be
    appointed by a document in writing called Vakalatnama signed by the party or his recognized
    agent or some duly authorised person. In another words, it says that a pleader cannot conduct
    a suit, unless he is appointed in the manner provided in this rule i.e. he must have been
    appointed by the party concerned through a written document signed by such party. This
    document must be made a part of the file of the suit.
    Now, the duration of such appointment shall be until-

    1
    i. It is terminated by the party or the pleader, by the leave of the court, or
    ii. The party or pleader dies, or
    iii. All proceedings in the suit are ended, as related to such party.

    In this regard the explanation provides for the instances that are deemed to be the proceedings
    in the suit for the purpose of the conduct if the suit.
    This sub-rule shall not apply to any pleader engaged to plead on behalf of any party by any
    other pleader who has been duly appointed to act in court on behalf of such party.

    Rule 5: Service of process on pleader- A process served on the recognized agent or pleader
    of the party or left at the office or residence of the pleader will be considered as effectual as if
    it had been served on the part in person.

    Rule 6: Agent to accept service- This rule provides for recognizing certain persons residing
    in the jurisdiction of the courts, to be appointed as an agent of the party to the suit, for the
    purpose of accepting the service of process.
    It also provides for the manner to appoint such agent, that it is in writing and signed by the
    party and may be special or general. This document must be filed before the court and if the
    document is general then a certified copy may be filed.
    It further provides that if there is no such agent residing as such, then the court may require
    the party or its pleader to appoint such agent for the said purpose.

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