4. 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 recognised 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 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 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. (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 authorizing 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 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.—(1) In Order HI, in Rule 4, in sub-rule (2), in the Explanation, after clause (a) the following clause shall be inserted, namely:— “(aa)a proceeding for revision of an order in the suit.” [Noti. No 714-IVH-36-A, dt. 9.12.1980w.e.f. 21.3.1981.] (2) In explanation to sub-rule (2) of Rule 4 of Order III, C.P.Code 1908, after the existing clause (d), the following new clauses (e) to (i) are added “(e) An application or proceedings for transfer under Section 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 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 or plead in that Court.” [Noti. No. 439fVIl-b-123, dt. 8.8.1994, w.e.f. 22.10.1994.] ANDHRA PRADESH.—Same as in Madras. BOMBAY, DADRA AND NAGAR HAVELI.—(1) In Order III, Rule 4, for the existing sub-rule (3), substitute the following as sub-rule (3): “4. (3) For the purposes of sub-rule (2) above, (i) an application or a proceeding of transfer under Sections 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 the C.P.Code, (vi) a reference arising from or out of the suit (vii) and 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 the C.P.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 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 proceedings mentioned, hereinbefore, (xiv) any application for the withdrawal or for obtaining the refund or payment of or out of moneys paid or deposited into the Court in connection with the suit or any of the proceeding 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 the plead in that Court.” Mah. Gaz, 24.8.1972, Pt. IV-C. p. 1278. DELHI AND HIMACHAL PRADESH.—Same as that of Punjab - See Act 26 of 1966, Sections 7 and 17 (w.e.f. 31.10.1966) and 1.5.1967). HIMACHAL PRADESH —Same as that of Punjab. KARNATAKA.—Substitute the following for Rule 4: “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 terminated 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 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 or correction of the decree, application for execution of the decree or any order in the suit or for restitution under Section 144 of the C.P.Code or otherwise, applications for leave to appeal against any decree or order passed in the suit, and applications or acts for the purpose or 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 refunds 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 proposes 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 there for, the Court shall proceed 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 attested 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 of 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).” (30 3.1967). KERALA.—(i) in sub-rule (2), after the words “Every such appointment” insert “when accepted by the pleader in writing”. (ii) in sub-rule (3), after “or Section 152”, add “or applications under Or. 9 Rule 9 or 13”; (iii) Omit sub-rule (5); (iv) insert the following as sub-rule (6): “(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.” (9.6.1959). MADHYA PRADESH.—Same as in Punjab with following modifications in the items: (i) item (x) in Punjab is item (v) in Madhya Pradesh; (ii) in item (i), for the words “ulss. 22,24 or 25” read “u/ss. 23, 24 or 25”;
(iii) in item (ii) omit “Rule 4”; (iv) in item (viii), which is item (ix) in madhya Pradesh, omit “or Section 154”; (v) Omit item (ix);
(vi) in item (xiii) of Punjab, which is item (xii) in Madhya Pradesh, for the words “any application for directing or proceeding prosecution”, read “any application or proceeding for sanctioning prosecution”. (18.10.1968). MADRAS.- (a) In sub-rules (1) and (2) for the words “in writing signed” substitute “a document subscribed with his signature in his own hand”. (b) Insert the following as sub-rule (6): “(6) No Government 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 a memorandum of appearance signed by himself and stating the particulars mentioned in sub-rule (5). “(7.4.1959). PATNA.- Substitute the following for sub-rule (4):— “(4) Notwithstanding anything contained in Order 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 duly authorised to act on behalf of such person.” PUNJAB, HA.RYANA AND CHANDIGARH.- For sub-rule (3) of Rule 4, substitute the following:—
“(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 the C.P.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 for leave to appeal to the Supreme Court), (xiii) an 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 from and out of any order passed in such 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, (xv) any application for the withdrawal or for obtaining the refund to payment of 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 for 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, 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 C.P.Code, shall be deemed to be proceedings in the suit: Provided that, where the venue of the suit or the proceedings shift 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”. (31.9.1968). RAJASTHAN.—(a) In old sub-rule (3), the words “or any application relating to such appeal” shall be added between the words “order in the suit” and “any application or Act”. (b) Insert the following as sub-rule (6):— “(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)”. | 