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 1 [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.
2. Recognised agents.—The recognised agents of parties by whom such appearances, applications and acts may be made or done are—
(a) persons holding powers-of-attorney, authorising them to make and do such appearances, applications and acts on behalf of such parties;
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(b) persons carrying on trade or business for and in the names of parties not resident within the local limits of the jurisdiction of the Court within which limits the appearance, application or act is made or done, in matters connected with such trade or business only, where no other agent is expressly authorised to make and do such appearances, applications and acts."
4. The Trial Court erred in misinterpreting the provisions contained in Section 32 and Section 33 of the 1961 Act and their interplay. Chapter IV of 1961 Act deals with 'Right to Practise Law'. A class of persons namely 'Advocates' are entitled to practice profession of law. 'Practice' means pursuing law as a professional i.e. practising law as a profession for gain. Section 32 is the only exception which enables the Court to allow a person not enrolled as an advocate to appear in a particular case. Section 32 is a non-obstante clause having an overriding effect over all other provisions contained under Chapter IV including Section 33. Order III Rule 3 CPC contemplates 'recognized agent'. Allowing the recognized agent to appear as a 'pleader' is subject to provisions contained under 1961 Act. No recognized agent can act as a pleader as a matter of right. However, keeping in view exceptional circumstances in the lis, the Trial Court can permit him to appear in a particular case invoking Section 33 of the 1961 Act.
5. Here is a case wherein the plaintiffs, who are residing out of State, are fighting lis. They have been allegedly conned by the counsel representing them in the earlier round of litigation. Said advocate has been
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arraigned as party to the suit. There are allegations levelled against a counsel who is practising regularly in courts where lis is pending. Thus, absence of trust in the members of the local bar cannot be said to be without basis and unfounded.
6. In these circumstances, if the plaintiffs want them to be represented by their recognized agent in the trial, the Court ought to have allowed and permitted their SPA holder Anuranjan Singh to appear in the present case even though he is not enrolled as an advocate under the 1961 Act.
7. 'Pleader' as adumbrated under Order III of the Code, is defined under Section 2(15) CPC, which reads as under:
"2. Definitions.—In this Act, unless there is anything repugnant in the subject or context,—
(1) to (14) xxxx
(15) "pleader" means any person entitled to appear and plead for another in Court, and includes an advocate, a vakil and an attorney of a High Court;"
8. The definition is inclusive and the same shall include a person competent to appear and permitted to do so under Section 32 of the Advocate Act, 1961. In view thereof, the impugned orders cannot be sustained. The same are ordered to be set aside.
9. Accordingly, the revision petition is accepted and allowed.
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10. Petitioners are allowed to be represented through their SPA Anuranjan Singh who is granted permission to appear before Court to present the case of petitioners.
October 09, 2025 (Pankaj Jain)
Dpr Judge
Whether speaking/reasoned : Yes
Whether reportable : Yes
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