Case Law Details
Usha Kanta Das (Deceased) Vs SM. Sefalika Ash (Calcutta High Court)
Conclusion: Only 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, thus, any other person authorized or a recognized agent can do ‘other than pleading’.
Held:The issue before this court was 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. In this case, Mr. Nandy was admittedly a power of attorney holder on behalf of caveatrix and claimed a right to argue the case of 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. It was 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 was 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 court then dismissed the application filed by Radhanath Nandy.
FULL TEXT OF THE HIGH COURT ORDER / JUDGMENT
1. This is an application filed by one Radha Nath Nandy for leave to appear in person on behalf of the defendant/ caveatrix.
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