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**** 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-of-attorney to make such appointment.
(2) Every such appointment shall be *[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 singed 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.
**[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 relatior 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 01 return of documents produced or filed in the suit or of obtaining refund of moneys paid into the Court in connection with the suit.]
***[(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 authorising 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 stating-
(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.]
HIGH COURT AMENDMENTS
Allahabad.-
In Order III, in rule 4, in sub-rule (2), in Explanation,-
(i) after clause (a), insert the following clause, namely:-
"(aa) a proceeding for revision of an order in the suit,"
[Vide Notification No. 714-IV H-36-A, dated 9th December, 1980 (w.e.f. 21-3-2024).]
(ii) after clause (d), insert the following clauses, namely:-
"(e) an application or proceedings for transfer under sections 22,24 and 25 of this Code.
(f) an application under rule 4 or rule 9 or rule 13 of Order IX of this code,
(g) an application under rule 4 of Order XXXVII of this Code,
(h) a reference arising from or out of suit,
(i) an application for execution of any decree or order in the suit,
(j) any application relating to or incidental to or arising from or out of any proceedings referred to in clauses (a) to (i) of this sub-rule (including an application for leave to appeal) to Supreme Court:
Provided that where the venue to the suit or the proceedings shifts from one Court (subordinate or otherwise) to another situate at a different station, the pleader filing the appointment referred to in sub-rule (2) in the former Court shall not be bound to appear, Act or plead in the latter Court unless he files or has already filed a memorandum signed by him that he has instructions from his client to appear, act or plead in that Court."
[Vide Notification No. 439/vii-b-123, dated 8th August, 1994 (w.e.f. 22-10-2023).]
Andhra Pradesh.-
Same as in Madras.
Bombay.-
(1) In order III, in rule 4, for sub-rule (3), substitute the following sub-rule, namely:-
"(3) For the purposes of sub-rule (2) above, (i) an application or a proceeding of ; transfer under section 23, 24 or 25 of this Code, (ii) an application under rule 9 or rule 13 of Order IX of this Code, (iii) an application under rule 4 of Order 38 of this Code, (iv) an application for review of Judgment, (v) an application under section 152 of this Code, (vi) a reference arising from or out of the suit, (vii) an application for amendment of the decree or order or the record in the suit, (viii) an application for the execution of any decree or order in the suit, (ix) an application under section 144 of this Code, (x) any appeal (including an appeal under Letters Patent of the High Court) or revision or a reference arising from or out of the suit, (xi) any application relating to or incidental to or arising in or out of such appeal or revision or a reference arising from or out of the suit (including an application for leave to appeal under Letters Patent of the High Court or for leave to appeal to the Supreme Court), (xii) any application or proceeding for sanctioning prosecution under Chapter XXXV of the Code of Criminal Procedure, 1898, relating to the suit or any of the proceedings mentioned hereinbefore, or any appeal or revision arising from and out of any order passed in such application or proceedings, (xiii) any application or act for the purposes of obtaining copies of documents or the return of documents produced or filed in the suit or in any of the proceedings mentioned hereinbefore, (xiv) any application for the withdrawal or for obtaining the refund or payment of or out of moneys paid or deposit into the Court in connection with the suit or any of the proceedings mentioned hereinbefore, (including withdrawal, refund or payment of or out of the moneys deposited as security for costs or for covering the costs of the preparation, printing and transmission of the Transcript Record of the appeal to the Supreme Court), (xv) any application for expunging any remarks or observations on the record of or made in the judgment in the suit or any appeal, revision, reference or review from or out of the suit, (xvi) any application for certificate in regard to the substitution of heirs in appeal to the Supreme Court arising from the suit and (xvii) any application under rule 15 of Order XLV of this Code, shall be deemed to be proceedings in the suit:
Provided that where the venue of the suit or the proceeding shifts from one Court (subordinate or otherwise) to another the pleader filing the appointment referred to in sub-rule (2) in the former Court shall not be bound to appear, act or plead in the latter Court unless he files or he has already filed a memorandum signed by him that he has instructions from his client to appear, act and plead in that Court."
[Vide Maharastra Gazette, Pt. IVC, p. 1278, dated 24th August, 1972.]
Chandigarh.-
Same as in Punjab.
Delhi.-
Same as in Punjab.
Haryana.-
Same as in Punjab.
Himachal Pradesh.-
Same as in Punjab.
Gujarat.-
In Order III, in rule 4, in sub-rule (3), between the words "order in the suit" and "any application or act", insert the words "or any application relating to such appeal".
[Ed.-This amendment relates to sub-rule (3) prior to its substitution by the Central Act 104 of 1976, sec. 54 (w.e.f. 1-2-2024).]
Karnataka.-
In Order III, for rule 4, substitute the following rule, namely:-
"4. (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 subscribed with his signature in his own hand by such person or by his recognised agent or by some other person duly authorised by or under a power of attorney to make such appointment and the appointment has been accepted in writing by the pleader.
(2) Every such appointment shall be filed into Court. Except as otherwise provided in this rule, no such appointment shall be deemed to have been until its determination with the leave of the Court by a document subscribed with his signature in his own hand by the client or his recognised or authorised agent or by the pleader, as the case may be, and filed into Court; or until the client or the pleader dies, or until all proceedings in the suit are ended so far as regards the client.
(3) For the purpose of sub-rule (2), proceedings in the suit shall mean all interlocutory and miscellaneous proceedings connected with the suit or any decree or order passed therein taken in the Court in which the suit has been instituted or by which the suit has been disposed of, and shall include applications for review of judgment, applications for amendment for correction of the decree, application for execution of the decree or any order in the suit or for restitution under section 144 of the Code or otherwise, applications for leave to appeal against decree or order passed in the suit, and applications or acts for the purpose of obtaining copies of documents or copies of judgments, decrees or orders, or for the return of documents produced or filed in the suit or for obtaining payment or refund of monies paid into Court in connection with the suit or any decree or order therein.
(4)
(a) In the case of applications for execution of a decree, applications for review of judgment and application for leave to appeal, a pleader whose appointment continues in force by virtue of sub-rule (2) of this rule and who has been served with the notice in any such application shall be at liberty to intimate to the Court in writing in the form of a memorandum filed into Court at or before the first hearing of any such application or appeal that he has not received instructions from his client and to retire from the case.
(b) Where, however, the pleader does not so report the absence of instructions to the Court but proposed to continue to act on the strength of the original appointment, he shall file into Court at or before the first hearing of such matter a formal memorandum stating that he will continue to appear and act for his client in the said application or appeal, as the case may be.
(c) If a pleader files the memorandum referred to in clause (a) or omits to file the memorandum referred to in clause (b) within the time prescribed therefor, the Court shall proceed as provided in sub-rule (2) of rule 5 of this Order.
(5) The High Court may by rule or 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 attached by such person and in such manner as may be specified in the rule or order.
(6) No pleader who has been engaged for the purpose of pleading only shall plead on behalf of any party unless he has filed into Court a memorandum or appearance signed by himself and stating (a) the names of the parties to the suit, (b) name of the party for whom he appears, and (c) the name of the person by whom he is authorised 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 himself been duly appointed to act in Court on behalf of such party.
(7) No Government Pleader or other pleader appearing on behalf of the Government or on behalf of any public servant sued in his official capacity shall be required to present any document empowering him to act, but such pleader shall file into Court a memorandum of appearance signed by him and stating the particulars : mentioned in sub-rule (6)." (w.e.f. 30-3-2024)
Kerala.-
In Order III, in rule 4-
(i) in sub-rule (2), after the words "Every such appointment", insert the words "when accepted by the pleader in writing".
(ii) in old sub-rule (3), after the words "section 152", insert the words "or applications under Order IX rule 9 or 13".
[Ed.-This amendment relates to sub-rule (3) prior to its substitution by the Central Act '104 of 1976, sec. 54 (w.e.f. 1-24977).]
(iii) omit sub-rule (5).
(iv) after sub-rule (5), insert the following sub-rule, namely:-
"(6) No pleader appearing on behalf of the Government or on behalf of any public servant sued in his official capacity shall be required to present any document empowering him to act, but such pleader shall file a memorandum of appearance signed by himself and stating:
(a) the name 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 authorised to appear." (w.e.f. 9-6-2024)
Madhya Pradesh.-
In Order III, in rule 4, for sub-rule (3), substitute the following sub-rule, namely:-
"(3) For the purposes of sub-rule (2) above, (i) an application or a proceeding for transfer under sections 23,24 or 25 of this Code, (ii) an application under rule 9 or rule 13 of Order 9, of this Code, (iii) an application under rule 4 of Order 38 of this Code, (iv) an application for review of judgment, (v) an application under section 152 of this Code, (vi) a reference arising from or out of the suit, (vii) an application for amendment of the decree or order or the record in the suit or an appeal, reference or revision arising from or out of the suit, (viii) an application for the execution of any decree or order in the suit, (ix) an application under section 144 of this Code, (x) any appeal (including an appeal under the Letters Patent of the High Court) or revision application from any decree or order in the suit or an appeal arising from or out of the suit, (xi) any application relating to or incidental to or arising in or out of such appeal or revision or a reference arising from or out of the suit (including an application for leave to appeal under the Letters Patent of the High Court or for leave to appeal to the Supreme Court), (xii) any application or proceeding for sanctioning prosecution under Chapter 35 of the Code of Criminal Procedure, 1898, relating to the suit of any of the proceedings mentioned hereinbefore, or any appeal or revision arising from and out or any order passed in such application or proceeding, (xiii) any application or act for the purposes of obtaining copies of documents or the return of documents produced or filed in the suit or in any of the proceeding mentioned hereinbefore, (xiv) any application for the withdrawal or for obtaining the refund or payment of or out of the moneys paid or deposited into the Court in connection with the suit or any of the proceedings mentioned hereinbefore (including withdrawal, refund or payment of or out of the moneys deposited as security for costs or for covering the costs of the preparation and printing of the Transcript Record of the appeal to the Supreme Court), (xv) any application for expunging any remarks or observations on the record of or made in the judgment in the suit or any appeal, revision, reference or review arising from or out of the suit, (xvi) any application for certificate in regard to the substitution of heirs in appeal to the Supreme Court arising from the suit, and (xvii) any application under rule 15 of Order 45 of this Code, shall be deemed to be proceedings in the suit: Provided that where the venue of the suit or the proceedings shifts from one Court (Subordinate or otherwise) to another the Pleader filing the appointment referred to in sub-rule (2) in the former Court shall not be bound to appear, act or plead in the latter Court, unless he files or he has already filed a memorandum signed by him that he has instructions from his client to appear, act and plead in that Court."
[Vide Madhya Pradesh Rajpatra, dated 18th October, 1968.]
Madras.-
In Order III, in rule 4,-
(a) in sub-rule (1), for the words "in writing signed", substitute the words "subscribed with his signature in his own hand".
(b) in sub-rule (2), for the words "a writing signed", substitute the words "a document subscribed with his signature in his own hand";
(c) after sub-rule (5), insert the following sub-rule, namely:-
"(6) No Government or other appearing on behalf of the [Government] or on behalf of any public servant sued in his official capacity shall be required to present any document empowering him to act, but such pleader shall file a memorandum of appearance signed by himself and stating the particulars mentioned in sub-rule (5)."
Orissa.-
In Order III, in rule 4-
(i) omit sub-rule (4); (ii) after sub-rule (5), insert the following sub-rule, namely:-
"(6) No pleader shall be entitled to make any application or do any appearance, or act for any person, unless he presents an appointment in writing duly signed by such person or his recognised agent or by some other agents duly authorised by power of attorney to act on his behalf; or unless he is instructed by an attorney or pleader duly authorised so as to act on behalf of such person."
[Vide Notification No. 5596-RX-2188 (w.e.f 14-5-1984}.]
Patna.-
In Order III, in rule 4, for sub-rule (4), substitute the following sub-rule, namely:-
"(4) Notwithstanding anything contained in Or. III; rule 4(3) of the First Schedule of the Code of Civil Procedure, 1908, no advocate shall be entitled to make or do any appearance, application or act for any person unless he presents an appointment in writing, duly signed by such person or his recognised agent or by some other agent duly authorised by power of attorney to act in his behalf; or unless he is instructed by an attorney or pleader authorised to act on behalf of such person."
Punjab.-
In Order III, in rule 4, for sub-rule (3), substitute the following sub-rule, namely:-
"(3) For the purpose of sub-rule (2)-
(i) an application or a proceeding for transfer under section 22, 24 or 25 of this Code,
(ii) an application under rule 4 or rule 9 or rule 13 of Order IX of this Code,
(iii) an application under rule 4 of Order XXXVII of this Code,
(iv) an application for review of judgment,
(v) a reference arising from or out of the suit,
(vi) an application for amendment of the decree or order or the record in the suit or an appeal, reference or revision arising from or out of the suit,
(vii) an application for the execution of any decree or order in the suit
(viii) an application for restitution under section 144 or section 151 of this Code,
(ix) an application under section 151 of this Code,
(x) an application under section 152 of this Code,
(xi) any appeal (including an appeal under the Letters Patent of the High Court) or revision application from any decree or order in the suit or an appeal arising from or out of the suit,
(xii) any application relating to or incidental to or arising from or out of such appeal or revision or a reference arising from or out of the suit {including an application for leave to appeal under the Letters Patent of the High Court or leave to appeal to the Supreme Court),
(xiii) any application for directing or proceeding for prosecution under Chapter XXXV of the Code of Criminal Procedure, 1898, relating to the suit or any of the proceedings mentioned hereinbefore or an appeal or revision arising or revision arising from and out of any order passed in such application or proceeding,
(xiv) any application or act for the purpose of obtaining copies of documents or the return of documents produced or filed in the suit or in any of the proceedings mentioned hereinbefore,
(xv) any application for the withdrawal or for obtaining the refund or payment or out of the monies paid or deposited into the Court in connection with the suit or any of the proceedings mentioned hereinbefore (including withdrawal, refund or payment of or out of the monies deposited as security for costs or covering the costs of the preparation and printing of the Transcript Record of the appeal to the Supreme Court),
(xvi) any application for expunging any remarks or observations on the record of or made in the judgment in the suit or any appeal, revision, reference or review arising from or out of the suit,
(xvii) any application for certificate in regard to the substitution of heirs in appeal to the Supreme Court arising from the suit, and
(xviii) any application under rule 15 of Order XLV of the Code, shall be deemed to be proceedings in the suit:
Provided that where the venue of the suit or the proceedings shifts from one Court {subordinate or otherwise) to another, situate at a different station, the pleader filing the appointment referred to in sub-rule (2) in the former Court shall not be "bound to appear, act or plead in the latter Court, unless he files or he has already filed a memorandum signed by him that he has instructions from his client to appear, act and plead in that Court." (w.e.f. 10-9-2023)
Rajasthan.-
In Order III, in rule 4,-
(a) in sub-rule (3) same as in Gujarat;
(b) after sub-rule (5), insert the following sub-rule, namely:-
"(6) No Government pleader within the meaning of Order XXVII, rule 8 B shall be required to present any document empowering him to act, but such pleader shall file a memorandum of appearance signed by himself and stating the particulars mentioned in sub-rule (5)."
N.B.-It may be noted that provisions of old sub-rule (3) have been drafted into Explanation to sub-rule (2) (w.e.f. 14-8-2023).
*Subs, by Act No. 104 of 1976, sec. 54 for "filed in Court and shall be" (w.e.f. 1-2-2024).
**Ins. by Act No. 104 of 1976, sec. 54 (w.e.f. 1-2-2024).
***Subs, by Act No. 104 of 1976, sec. 54, for sub-rule (3) (w.e.f. 1-2-2024).
****Subs. by Act 22 of 1926, sec. 2, for rule
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