Order III – Recognized Agents and Pleaders

Civil Procedure

Covers Order III of the Civil Procedure Code (CPC), defining who may act or appear in court as recognized agents or pleaders, the scope of their authority, and the procedural requirements for valid representation.

10 November 2025

1. Introduction

Order III of the Civil Procedure Code (CPC) specifies who may represent parties in civil proceedings. It governs the appearance, applications, and acts performed by recognized agents and pleaders, ensuring that parties are properly represented before the court.

2. Recognized Agents (Rule 1)

Recognized agents are persons authorized to act on behalf of a party in legal proceedings. These typically include:

  • Persons holding a valid power of attorney.
  • Family members or representatives permitted by law.
  • Officials authorized to represent corporations, government departments, or legal entities.

The agent’s authority must be documented and filed in court to validate their actions on behalf of the party.

3. Pleaders (Rule 2)

A pleader includes an advocate, vakil, or attorney duly authorized under the Advocates Act or other applicable law. Pleaders represent parties professionally, filing pleadings, presenting arguments, and performing procedural acts permitted under their authority.

Courts require formal authorization through a vakalatnama signed by the party, empowering the pleader to act on their behalf.

4. Appearances and Applications (Rule 3)

Any appearance, application, or act in court must be made by the party in person, by a recognized agent, or by a duly appointed pleader. Unauthorized persons cannot represent others in civil proceedings, except as permitted under statutory provisions.

5. Limits of Authority

The authority of an agent or pleader is limited by the terms of their appointment. They cannot, without express authorization:

  • Compromise or withdraw a suit.
  • Relinquish claims or admit liability.
  • Bind the client in matters beyond the scope of the case.

Courts may examine the extent of authority to ensure that client rights are not prejudiced by unauthorized acts.

6. Conclusion

Order III maintains procedural integrity by ensuring that only qualified or authorized persons represent litigants. By defining the roles of agents and pleaders, it upholds accountability, prevents misuse of representation, and ensures that judicial proceedings are conducted lawfully and efficiently.

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