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QUESTION | Define ‘Pleader’ under Civil Procedure Code, 1908? Describe the provisions related to appointment of the pleader.
Importance of this question : This concept has been asked several times in various state judicial service exams. Especially recently asked in Madhya Pradesh Judicial Service Exam.
QUESTION POSTED ON | 01.10.2021
MODEL ANSWER WILL BE POSTED ON | 02.10.2021
Answers can be written till 02.10.2021.
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How to answer this question?
This question has two parts – make a side heading for each part so you cover all parts of the given question.
In first part discuss the definition provided under CPC mentioning the relevant Section number.
In second part, discuss the provisions of Rule 4 of Order 3 of CPC.
Start writing the answer with apt legal terminologies
Answer: General Meaning of Pleader: ‘Pleader’ is a person who can plead before the court in any given matter.
Relevant Provision: Section 2(15) of CPC, 1908 defines, the term ‘Pleader’ as any person entitled to appear and plead for another in court and includes an advocate, a Vakil and an attorney of a High Court. Primary provisions dealing with ‘Pleader’ are provided under Rules 1- 6 of Order III of CPC, 1908.
Appointment of Pleader: Order 3, Rule 4
a) Person acts as a pleader for any person when he is appointed for that purpose by any person by document in writing signed by:
· That person, or
· His recognized agent, or
· Some other person duly authorized by or under a power of attorney to make such appointment.
b) Appointment of pleader shall be filed in court and it will remain in force:
· Until determined by the client or pleader in writing with the leave of court, or
· Until the death of pleader or client, or
· Until all proceedings in the suit in regards to client end.
