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2019 (4) TMI 1 - HC - Indian LawsApplication for Leave to appear in person on behalf of the defendant/caveatrix - whether appearance, application or acting by a recognized agent of a party would include within such scope, the right to plead and argue before a court of law as defined in Rule 2 of Order III? - Held that:- In this case, Mr. Nandy is admittedly a power of attorney holder on behalf of the caveatrix and claims a right to argue the case of the caveatrix including examining witnesses in the proceedings on the basis of the authorization arising from the power of attorney. The scope of the rights given to a holder of a power of attorney/recognized agent would be clarified from a look at some of the other provisions in the CPC and the Original Side Rules. The first of such would be Section 2(15) of the CPC which says that only a pleader would be entitled to appear and plead for another in court and which would include an advocate, a vakil and an attorney of a High Court. Under Rule 1 (i) (b), a person qualifies as an “advocate” if covered within the meaning of The Advocates Act, 1961. Rule 5 provides, inter alia, that an advocate shall not be entitled to appear and plead before a court unless he has filed a Vakalatnama or is instructed by an advocate who has filed a Vakalatnama. The rights granted under Order III Rule 1 is further clarified by sections 8 and 29 of The Advocates Act, 1961 which provide, inter alia, that no person shall be entitled as of right to practice in any High Court unless his name is entered in the Roll of advocates of the High Court (Section 8) and that there is only one class of persons entitled to practice of law namely, “advocates” (Section 29). Section 119 further prohibits unauthorized persons from addressing court and mentions examination of witnesses in particular. The courts have stressed on the distinction, namely, that acting and appearing for another will not include a right to plead or argue before a court of law - It is clear from the decisions as well as the relevant statutes and Rules, that a special class of persons, namely, Advocates enrolled under The Advocates Act, 1961, have been authorised to plead and argue before a court of law. It should further be noted that the “special reason” of permitting “any other person” under Rule 5 of chapter 1 of The Original Side Rules relate only to appearance and not pleading. This is in consonance with Rule 1 (i) (a) which specifically mentions various acts which a person authorized or a recognized agent can do “other than pleading”. The application filed by the defendant for permitting Mr. Radhanath Nandy to appear and act on behalf of the defendant/caveatrix under Order III Rule 2 of the CPC, is dismissed.
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