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Report No. 54

Chapter 3

Recognised agents and Pleaders

Introductory

3.1. Order 3 deals with recognised agents and pleaders. Recognised agents are persons who do not belong to the profession of lawyers, while pleaders so belong. There are rules for appearance, application and acts to be done by the recognised agents and pleaders, and for the service of process on them. Pleaders who act or plead for a party, have to file in court a document or memorandum. There are a few points which require discussion in this Order.

Order 3, rule 4

3.2. Order 3, rule 4(1), prohibits a pleader from acting for any person in any court, unless he has been "appointed" for the purpose by a document in writing. Order 3, rule 4(2) and rule 4(3) contain provisions as to the duration for which such appointment "shall be deemed to be in force". At first sight, the wording of sub-rules (2) and (3) of rule 4 may create an impression that they apply so as to regulate, as a matter of law, the duration of the professional relationship (of counsel and client), created by a contract. But on a close reading, this impression is dispelled. Sub-rule (2) is to be read as relevant only for the purpose of the prohibition in sub-rule (1). We have examined the matter at some length, and have come to the above conclusion. But a clarification on the point is desirable.

Recommendation

3.3. Accordingly, we recommend that Order 3, rules 4(2) and 4(3) should be revised as follows:-

"(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 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.

Explanation.-For the purposes of this sub-rule, the following shall be deemed to be proceedings in the suit:-

(a) an application for review of judgment,

(b) an application under section 144 or section 152 of this Code,

(c) any appeal from any decree or order in 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 monies 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 document issued by any court other than the court for the purposes for which the pleader was engaged, except where the client has otherwise expressly agreed in the docuMent referred to in sub-rule (1)."



The Code of Civil Procedure, 1908 Back




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