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The Code of Civil Procedure, 1908: page 90
The Code of Civil Procedure, 1908, India Code delivered snapshot 393b8848fdfc476a, physical page 90, typed edition 77428589d4e341672ed6a3e5f663be7dec530c42d0600064ac1314302939267d. Unreviewed extraction.
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ORDER III
Recognized Agents and Pleaders
1. Appearances, etc., may be in person, by recognized agent or by pleader.—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.
2. Recognized agents.—The recognized agents of parties by whom such appearances, applications
and acts may be made or done are—
(a) persons holding powers-of-attorney, authorising them to make and do such appearances,
applications and acts on behalf of such parties;
(b) persons carrying on trade or business for and in the names of parties 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 such trade or business only, where no other agent is
expressly authorised to make and do such appearances, applications and acts.
3. Service of process on recognized agent.—(1) Processes served on the recognised agent of a party
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shall be as effectual as if the same had been served on the party in person, unless the Court otherwise
od
directs.
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(2) The provisions for the service of process on a party to a suit shall apply to the service of process
on his recognised agent.
2
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[4. Appointment of pleader.—(1) No pleader shall act for any person in any Court, unless he has been
In
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 authorised by or under a power-of-attorney to make such appointment.
(2) Every such appointment shall be 3[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.
4
[Explanation.—For the purposes of this sub-rule, the following shall be deemed to be proceedings in
the suit,—
(a) an application for the review of decree or order in the suit,
(b) an application under section 144 or under section 152 of this Code, in relation to any decree or
order made in the suit,
(c) an appeal from any decree or order in the suit, and
(d) any application or act for the purpose of obtaining copies of documents or return of
documents produced or filed in the suit or of obtaining refund of moneys paid into the Court in
connection with the suit.]
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[(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
1. Subs. by Act 22 of 1926, s. 2, for “duly appointed to act”.
2. Subs. by s. 2, ibid., for rule 4.
3. Subs. by Act 104 of 1976, s. 54, for certain words (w.e.f. 1-2-1977).
4. Ins. by s. 54, ibid. (w.e.f. 1-2-1977).
5. Subs. by s. 54, ibid., for sub-rule (3) (w.e.f. 1-2-1977).
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