Rule 1 Order III of Code of Civil Procedure 1908 "Appearances, etc., may be in person, by recognized agent or by pleader"
Any appearance, application or act in or to any Court,
required or authorized by law to be made or done by a party
in such Court, may, except where otherwise expressly
provided by any law for the time being in force, be made or
done by the party in person, or by his recognized agent, or
by a pleader appearing, applying or acting, as the case may
be, on his behalf:
Provided that any such appearance shall, if the Court so
directs, be made by the party in person.
Rule 2 Order III of Code of Civil Procedure 1908 "Recognized agents"
The recognized agents of parties by whom such appearances, applications and acts may be made or done are-
(a) persons holding powers-of-attorney, authorizing them
to make and do such appearances, applications and acts on
behalf of such parties;
(b) persons carrying on trade or business for and in the
names of parties not resident within the local limits of the
jurisdiction of the Court within which limits the
appearance, application or act is made or done, in matters
connected with such trade or business only, where no other
agent is expressly authorized to make and do such
appearances, applications and acts.
Rule 3 Order III of Code of Civil Procedure 1908 "Service
of process on recognized agent"
(1) Process served on the recognized agent of a party shall
be as effectual as if the same had been served on the party
in person, unless the Court otherwise directs.
(2) The provisions for the service of process on a party to
a suit shall apply to the service of process on his
recognized agent.
Rule 4 Order III of Code of Civil Procedure 1908 "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 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 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.
Rule 5 Order III of Code of Civil Procedure 1908 "Service
of process on pleader"
Any process served on the pleader who has been duly appointed to act in Court for any party] or left at the office or ordinary residence of such pleader, and whether the same is for the personal appearance of the party or not, shall be presumed to be duly communicated and made known to the party whom the pleader represents, and, unless the Court otherwise directs, shall be as effectual for all purposes as if same had been given to or served on the party in person.
Rule 6 Order III of Code of Civil Procedure 1908 "Agents to accept service"
(1) Besides the recognised agents described in rule 2 any
person residing within the jurisdiction of the Court may be
appointed an agent to accept service of process.
(2) Appointment to be in writing and to be filled in Court-
Such appointment may be special or general and shall be made
by an instrument in writing signed by the principal, and
such instrument or, if the appointment is general, a
certified copy thereof shall be filed in Court.
(3) The Court may, at any stage of the suit, order any party
to the suit not having a recognised agent residing within
the jurisdiction of the Court, or a pleader who has been
duly appointed to act in the Court on his behalf, no
appoint, within a specified time, an agent residing within
the jurisdiction of the Court to accept service of the
process on his behalf