Who Can Represent You in Court?
Order 3 of CPC talks about the "recognized agents". These are the people who are allowed to act for others in court cases. Let's understand what Order 3 states. Civil cases require parties to be represented properly. This helps justice be served fairly. The CPC lays down how civil cases should proceed in India. Order 3 covers an important aspect regarding who can speak for someone in court. It deals with recognized agents and pleaders authorized to represent parties. In this article, we'll explain Order 3 simply. You'll learn its key provisions. And how they impact legal proceedings for those involved. Understanding Order 3 clarifies an essential part of civil litigation.
The Way We Follow Rules
Order 3 talks about how people can legally act for others in court. It states who is eligible to do this and how much they can do. There are two main groups: recognized agents like attorneys, and pleaders or lawyers. This Order makes sure that the representation of people happens properly, by having clear rules everyone follows. It separates and defines the different kinds of legal representatives. This keeps the law organized and legitimate when someone acts on another's behalf.
Recognized Agents under Order 3
Order 3, Rule 1 says that when someone must show up in court, or make a request to the court, they can do this in person or through a recognized agent or lawyer speaking for them. Recognized agents are people given authority to speak for others in court by having a power of attorney. A power of attorney is a legal document that lets recognized agents make court appearances or requests for others.
Pleaders: The Legal Practitioners
Order 3's rules outline how a representative should act, proper conduct and their representation powers.
Order 3's Rule 2 stresses appointing an agent (non-lawyer) through a written, signed document clearly identifying the party. This requirement formalizes and makes such representation accountable.
Acting Without Approval: The regulation prohibits impersonation or unauthorized representation. This highlights the legal system's focus on allowing solely approved individuals to represent parties in court cases.
Power of Attorney: The order allows people to allow others to act for them. This is called a power of attorney. But it must be written down and legally approved. That way, the named person can properly represent the other.
Professional Conduct and Ethics: Order 3 establishes guidelines for pleaders' representation. However, it also indirectly highlights the significance of ethical conduct in legal practice. Lawyers must uphold the law's dignity and ensure integrity.