ORDER III:
RECOGNIZED AGENTS AND PLEADERS
1. 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.
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— Limitations of recognized agents — Recognized agent cannot plead — Scope — Plain reading of Rule 1 of Order III, CPC shows that a recognized agent can appear, file applications or act in or to any Court on behalf of any party — Rule 2 of Order III, CPC refer to class of persons, who could be treated as recognized agents of parties, which include person holding power of attorney authorizing him to make and do such appearance, application and act on behalf of the parties — The words “appearance”, “application” and “act” used in Rules 1 and 2 of Order III, CPC are not defined therein — However, applying ordinary meaning to these words, the word “appear” means, to be present and to represent the party at various stages of litigation — The words “application” or “act” means necessary steps, which can be taken on behalf of the parties in the Court or in the offices of the Court in the course of litigation — However, the words “appearance”, “application” and “act” under Rules 1 and 2 ibid do not include pleadings — Thus, the recognize agent is entitled to appear, file application and act for party but he is not entitled to plead in Court — Such right is only available to pleader under Order III, Rule 4, CPC — When right of pleading is not available to a recognized agent, it follows that he has no right of audience in Court, as such right is a natural and necessary concomitant of the right to plead — The right to plead is within the exclusive domain of enrolled Advocates subject to rule of admission under the Legal Practitioners and Bar Councils Act, 1973 — The right to audience, right to address the Court, right to examine and cross-examine the witnesses are part of pleading with which Rules 1 and 2 of Order III, CPC does not deal at all — These rules are restricted to appearance, application and acts in connection with the litigation in Court, therefore, there is no manner of doubt that a recognized agent or Attorney of the applicant has no right to plead or audience before the Court. [2024 CLS 10 = 2024 CLC 550 = 2022 LHC 2578]
— Statement made by counsel — Scope — A party is always bound by the statement of his counsel unless anything contrary in the power of attorney places restriction on the authority, delegated upon the counsel, to compromise or abandon the claim on behalf of his client(s). [PLR 2023 Lahore 11 = PLD 2023 Lahore 699 = 2022 LHC 6944]
— Limitations of recognized agents — Recognized agent cannot plead — Scope — Plain reading of Rule 1 of Order III, CPC shows that a recognized agent can appear, file applications or act in or to any Court on behalf of any party — Rule 2 of Order III, CPC refer to class of persons, who could be treated as recognized agents of parties, which include person holding power of attorney authorizing him to make and do such appearance, application and act on behalf of the parties — The words “appearance”, “application” and “act” used in Rules 1 and 2 of Order III, CPC are not defined therein — However, applying ordinary meaning to these words, the word “appear” means, to be present and to represent the party at various stages of litigation — The words “application” or “act” means necessary steps, which can be taken on behalf of the parties in the Court or in the offices of the Court in the course of litigation — However, the words “appearance”, “application” and “act” under Rules 1 and 2 ibid do not include pleadings — Thus, the recognize agent is entitled to appear, file application and act for party but he is not entitled to plead in Court — Such right is only available to pleader under Order III, Rule 4, CPC — When right of pleading is not available to a recognized agent, it follows that he has no right of audience in Court, as such right is a natural and necessary concomitant of the right to plead — The right to plead is within the exclusive domain of enrolled Advocates subject to rule of admission under the Legal Practitioners and Bar Councils Act, 1973 — The right to audience, right to address the Court, right to examine and cross-examine the witnesses are part of pleading with which Rules 1 and 2 of Order III, CPC does not deal at all — These rules are restricted to appearance, application and acts in connection with the litigation in Court, therefore, there is no manner of doubt that a recognized agent or Attorney of the applicant has no right to plead or audience before the Court. [2024 CLS 10 = 2024 CLC 550 = 2022 LHC 2578]
— Limitations of recognized agents — Recognized agent cannot plead — Scope — Plain reading of Rule 1 of Order III, CPC shows that a recognized agent can appear, file applications or act in or to any Court on behalf of any party — Rule 2 of Order III, CPC refer to class of persons, who could be treated as recognized agents of parties, which include person holding power of attorney authorizing him to make and do such appearance, application and act on behalf of the parties — The words “appearance”, “application” and “act” used in Rules 1 and 2 of Order III, CPC are not defined therein — However, applying ordinary meaning to these words, the word “appear” means, to be present and to represent the party at various stages of litigation — The words “application” or “act” means necessary steps, which can be taken on behalf of the parties in the Court or in the offices of the Court in the course of litigation — However, the words “appearance”, “application” and “act” under Rules 1 and 2 ibid do not include pleadings — Thus, the recognize agent is entitled to appear, file application and act for party but he is not entitled to plead in Court — Such right is only available to pleader under Order III, Rule 4, CPC — When right of pleading is not available to a recognized agent, it follows that he has no right of audience in Court, as such right is a natural and necessary concomitant of the right to plead — The right to plead is within the exclusive domain of enrolled Advocates subject to rule of admission under the Legal Practitioners and Bar Councils Act, 1973 — The right to audience, right to address the Court, right to examine and cross-examine the witnesses are part of pleading with which Rules 1 and 2 of Order III, CPC does not deal at all — These rules are restricted to appearance, application and acts in connection with the litigation in Court, therefore, there is no manner of doubt that a recognized agent or Attorney of the applicant has no right to plead or audience before the Court. [2024 CLS 10 = 2024 CLC 550 = 2022 LHC 2578]
