Meaning of Recognised agent as per Order III of CPC
yogesh
(Querist) 20 October 2009
This query is : Resolved
Ref to my earlier query "If recognised agent cannot plead before any court" then what is the meaning of "Recognised agent" as per the order III of CPC?
Can any Recognised Agent plead on the behalf of any family member/relative if no professional fees/Monetary transaction is involved???
Regards
Adinath@Avinash Patil
(Expert) 20 October 2009
RECGNINISED AGENTS---
THE RECOGNISED AGENTS OF OARTIES BY WHIM SUCH APPEARANCE,APPLICATIONS AND ACTS MAY BE MADE OR DONE ARE---
A] PERSONS HOLDING POWER OF ATTORNY, AUTHORIZING THEM TO MAKE AND DO SUCH ACTS ON BEHALF OF SUCH PARTIES;
B]PERSONS CARRIYING ON TRADE OR BUSINESS FOR AND IN THE NAMES OF PARTIES NOT RESIDENT WITHIN LOCAL LIMIT OF JURISDICTION OF THE COURT WITHIN WHICH LIMITS THE APPEARANCE,APPLICATION OR ACT IS MADE OR DONE,IN THE MATTERS CONNECTED WITH SUCH TRADE OR ONLY, WHERE NO OTHER AGENT IS EXPRESSLY AUTHORIZED TO MAKE AND DO SUCH APPEARANCES,APPLICATIONS AND ACTS.
THE ABOVE RULE 2 OF ORDER III OF C.P.C. IS CLEARLY SHOWS IN WHICH MAATER AND HOW RECOGNIZED AGENS APPEARANCE VALID.
YOU GO THROUGH THE COMMENTRY OF SAID RULE YOU WIIL GET YOUR ANSWER FOR YOUR QUERY.
joyce
(Expert) 20 October 2009
Yogesh, Order III of c.P.C clearly reads the meaning of recognised agents, POA holder might be one of the family member/ relative only in certain case,so what problem made u to ask this querry. usually POA is even issued to deal with the fainacial matters also.The thing is faith, trust on whom the POA is issued. one exception explaination is given under order III of C.P.C: "provided that" if the court directs ..... in that cases personal appearance is needed rather then recognised agents. right.......got it.
Raj Kumar Makkad
(Expert) 20 October 2009
It was very much cleared in response to your earlier similar quarry that AR can not plead like an advocate but he can persue the matter on behalf of its issuer and same is answer now.
