Bailabel Type : bailable

Description

Order 3 of the Civil Procedure Code (CPC) deals with the concept of Recognized Agents and Pleadings in civil suits. This order essentially sets the rules governing who can act on behalf of a party in a lawsuit and what the specific responsibilities of such agents and pleaders are in the litigation process. The First Schedule of the CPC specifies how this is to be applied in the legal system.

Key Provisions of Order 3

Order 3 primarily defines who can act as an agent or pleader for a party in a suit, specifying the qualifications and duties of these individuals.

Rule 1: Recognized Agents

• Definition:
  A recognized agent is a person who is allowed to act on behalf of a party in a suit or proceeding. A recognized agent can represent the party in procedural matters related to the case, such as attending hearings, signing documents, and performing acts on behalf of the party.

• Who Can Be a Recognized Agent:
  A recognized agent must fulfill certain criteria set by the court, including:

  1. A relative or an employee of the party.
  2. A legal practitioner or someone with legal authority.
  3. A person specifically authorized by the party to act on their behalf in the suit.

• Authority:
  A recognized agent's authority is limited to the specific suit or proceeding in which they are representing the party. The party must grant them clear authorization to act as their agent.

Rule 2: Pleader

• Definition:
  A pleader is someone who is qualified to represent a party in a legal proceeding. A pleader can be an advocate, legal practitioner, or any person appointed to present the case on behalf of a party.

• Qualifications:
  A pleader is someone who meets the legal qualifications to represent a party in a suit. They could be:

  1. An Advocate: A person enrolled in a State Bar Council under the Advocates Act.

  2. Legal Practitioners: Professionals who may not be advocates but are allowed to represent parties in certain jurisdictions.

  • Advocates can practice before any civil court and represent a client in any civil matter.
  • Other Legal Practitioners: Such as junior counsel or authorized representatives, may appear before the court for specific matters.

• Role:
  A pleader's primary role is to assist the court by presenting the case, filing necessary documents, and representing the party in the trial or legal proceedings.

Rule 3: Power of Recognized Agent and Pleader

• Powers of Recognized Agent:
  A recognized agent has the authority to represent the party in procedural matters, including signing papers, attending hearings, and receiving notices on behalf of the party. However, they cannot engage in advocacy or represent the party in arguments before the court unless they are also a pleader.

• Powers of Pleader:
  A pleader has the authority to represent the party in legal proceedings and can engage in advocacy. Pleaders have more significant rights, including addressing the court, making arguments, and leading the legal strategy in the case.

Rule 4: Substitution of Pleader or Agent

• Changing Agents or Pleaders:
  A party may choose to substitute one pleader or recognized agent for another during the course of the suit. The court must be notified of such substitutions and, in some cases, approval may be required. This is common when the original representative is unable to continue their role.

Rule 5: Power to Appear and Act

• Appearance and Conduct:
  The person acting as an agent or pleader must appear and act in accordance with the court’s directions. They must follow the rules laid out for the conduct of proceedings, and their actions must align with the party’s best interests in the case.

First Schedule - Forms of Documents

The First Schedule of the CPC provides certain forms that must be followed for filing pleadings, applications, and other legal documents. For Recognized Agents and Pleadings, the First Schedule ensures that the necessary documents are correctly framed when appointing a representative to act on behalf of a party in a suit.

1. Form 1: The Vakalatnama (Power of Attorney) is used for the appointment of a pleader to represent a party in court. This document grants the pleader permission to appear and act on behalf of the party.

2. Form 2: A General Power of Attorney can be used when appointing an agent to handle legal matters outside of the courtroom but relating to a specific case. This form may give broader powers to the agent, such as signing documents, filing papers, or communicating with the court.

Punishment

Misuse of Recognized Agent or Pleader:
If a recognized agent or pleader is found to be acting beyond their authority or misrepresenting the interests of the party, the court may take action. This may include:

• Disqualifying them from representing the party.
• Holding them accountable for misconduct in the court proceedings.

Fines and Disqualification:
A pleader or recognized agent who violates the rules of conduct or misleads the court may face fines, disciplinary action, or even disqualification from representing clients in future cases. This could also lead to potential contempt of court charges if the misconduct is severe.

Unauthorized Representation:
If a person without proper authorization appears as an agent or pleader in a suit, the court may reject the appearance and allow the party to replace the representative. In some cases, the party may be required to pay costs for the improper representation.