Can a 1st Year LLB student hold POA on behalf of a party to suit so as to conduct the case on party's behalf?
I am a 1st year LLB fuultime and also started studying CS.
But--There is very urgent situation wherein I want appear on behalf of my family members in a urgent Civil matter.
Can anyone explain Order 3 of CPC?
Order 3 R1:
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:
Next rule tells about agent (which need not necessarily be a pleader always).
Order 3 R2:
The recognized agent 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;
But above (a), in Order 3 Rule 2, is amended by Bombay HC as-
(a) Persons holding on behalf of such parties either-
(i) a general power of attorney, or (ii) in the case of proceedings in the High Court of Bombay -an Attorney of such High Court or an Advocate,
and in the case of proceedings in any district,- any such Attorney or any Advocate or a Pleader to whom a sanad for that district has been issued, holding the requisite special power of attorney from parties not resident within the local limit of the jurisdiction of the Court within which limits the appearance, application or Act made or done,
authorising them or him to make and do such appearances, applications and Acts on behalf of such parties.
The above words amply suggest that-
A General POA holder can conduct the case .... or also if given such powers vide POA, a POA holder can additionally appoint a pleader also. Hence if General POA is there, it does allow agent to act on behalf of such paries.
Other option that I want to avail, if available that I would get general POA and also file Vakalatnama and therein mention my name as well or in absence of appointed pleader on a hearing I be allowed to 'act in the case' on behalf of the party to suit.
Please advise urgently to my question.
