Company : Sol Infotech Pvt. Ltd. Website : www.courtkutchehry.com Order-03 Recognized Agents and Pleaders CONTENTS 1. Appearances, etc. may be in person by recognized agent or by pleaders 2. Recognized agents 3. Service of process on recognized agent 4. Appointment of pleader 5. Service of process on pleader 6. Agent to accept service Order-03 Recognized Agents and Pleaders Order-03 Recognized Agents and Pleaders 1. Appearances, etc. may be in person by recognized agent or by pleaders :- Any appearance, application or act in or to any Court, required or authorized by law to be made or done by a party in such Court may, except where otherwise expressly provided by any law for the time being in force, be made or done by the party in person, or by his recognized agent, or by a pleader 1 [appearing, applying, or acting, as the case may be,] on his behalf: Provided that any such appearance shall, if the Court so directs, be made by the party in person. 1. Subs. by C.P.C. (Second Amendment) Act 22 of l926. Sec. 2, for "duly appointed to act". 2. Recognized agents :- The recognized agents of partics by whom such appearances, applications and acts may be made or done are- (a) persons holding powers-of-attorney, authorizing them to make and do such apperances, applications and acts on behalf of such partics; (b) persons carrying on trade or business for and in the names of partics not resident within the local limits of the jurisdiction of the Court within which limits the appearance, application or act is made or done, in matters connected with 3. Service of process on recognized agent :- (1) Processes served on the recognized agent of a party shall be as effectual as if the same had been served on the party in person, unless the Court otherwise directs. (2) The provisions for the service of process on a party to a suit shall apply to the service of process on his recognized agent. 4. Appointment of pleader :- (1) No pleader shall act for any person in any Court unless he has been appointed for the purpose by such person by a document in writing signed by such person or by his recognized agent or by some other person duly authorized by or under a power-or-attorney to make such appointment. (2) Every such appointment shall be 1[filed in Court and shall, for the purposes of sub-rule (1), be] deemed to be in force until determined with the leave of the Court by a writing signed by the client or the pleader, as the case may be, and filed in Court or until the client or the pleader dies, or until all proceedings in the suit are ended so far as regards the client. Bombay.-In its application to the State of Maharashtra in Order III, rule 4(2) for che existing explanation the following explanation shall be substituted as under: 2 [(3) Nothing in sub-rule (2) shall be construed- (a) as extending, as between the pleader and his client, the duration for which the pleader is engaged, or (b) as authorizing service on the pleader of any notice or document issued by any Court other than the Court for which the pleader was engaged, except where such service was expressly agreed to by the client in the document referred to in sub-rule (1).] (4) The High Court may, by general order, direct that, where the person by whom a pleader is appointed is unable to write his name, his mark upon the document appointing the pleader shall be attested by such person and in such manner as may be specified by the order. (5) No pleader who has been engaged for the purpose of pleading only shall plead on behalf of any party, unless he has filed in Court a memorandum of appearance signed by himself and staling- (a) the names of the parties to the suit, (b) the name of the party for whom he appears, and (c) the name of the person by whom he is authorized to appear: Provided that nothing in this sub-rule shall 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.] 1. Subs. by C.P.C. (Amendment) Act No. 104 of 1976. Sec. 54 for the words "filed In Court and shall be". (w.e.f. 1st February, 1977). 2. Subs by C.P.C. (Amendment) Act No. 104 of 1976, Sec. 54 (w.e.f. 1st February, 1977). 5. Service of process on pleader :- Any process served on the pleader who has been duly appointed to act in Court for any party] or left at the office or ordinary residence of such pleader, and whether the same is for the personal appearance of the party or not, shall be presumed to be duly communicated and made known to the party whom the pleader represents and unless the Court otherwise directs; shall be as effectual for all purposes as if the same had been given to or served on the party in person. 6. Agent to accept service :- (1) Besides the recognized agents described in rule 2 any person residing within the jurisdiction of the Court may be appointed an agent to accept service of process. (2)Appointment to be in writing and to be filed in Court) Such appointment may be special or general and shall be made by an instrument in writing signed by the principal, and such instrument or, if the appointment is general, a certified copy thereof shall be filed in Court. [(3) The Court may, at any stage of the suit, order any party to the suit not having a recognized agent residing within the jurisdiction of the Court, or a pleader who has been duly appointed to act in the Court on his behalf, to appoint, within a specified time, an agent residing within the jurisdiction of the Court to accept service of the process on his behalf.]