PROVISIONS PERTAINING TO PLEADERS AND RECOGNISED AGENTS IN CIVIL LAWS

AUTHOR – VISHNU PRIYA NARAHARISETTI, STUDENT AT SYMBIOSIS LAW SCHOOL, NOIDA, SYMBIOSIS INTERNATIONAL (DEEMED UNIVERSITY), PUNE

BEST CITATION – VISHNU PRIYA NARAHARISETTI, PROVISIONS PERTAINING TO PLEADERS AND RECOGNISED AGENTS IN CIVIL LAWS, ILE LEX SPECULUM (ILE LS), 1 (1) OF 2023, PG. 374-378, APIS – 3920 – 0036 | ISBN – 978-81-964391-3-2.

Abstract

This Research paper explores the provisions governing recognized agents and pleaders in civil proceedings in the Indian legal system that are crucial for ensuring the effective representation of parties in court cases. A recognized agent is a person authorized to act on behalf of a party based on a power of attorney, while a pleader represents a party with the court’s permission, even without formal legal training.

Order III of the Code of Civil Procedure (CPC) outlines the qualifications and duties of recognized agents and pleaders. It requires a pleader to be appointed in writing through a power of attorney or by the party they represent. The Vakalatnama, a vital document empowering a pleader, establishes a special client-lawyer relationship and defines the scope of authority.

Amendments by courts have clarified who can act as a recognized agent, including someone holding a power of attorney or conducting the party’s business in the absence of an appointed representative. The Consumer Protection Act allows parties to be represented by agents to ease the burden of high legal fees.

The appointment of recognized agents and pleaders ensures efficient legal representation while the courts retain control over their appointment. However, challenges remain in the proper selection and monitoring of agents to avoid potential injustices. A well-regulated system for monitoring pleadings and maintaining case management could enhance the efficiencyand fairness of legal representation.

Keywords – Order, Pleader, Agent, Court, CPC & Amendments