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Agents And Pleaders

CHAPTER 3. AGENTS AND PLEADERS

Art. 57- Principle

Without prejudice to the provisions of Art. 65, any appearance, application or act in or to any court, required or authorized to be made or done by a party in such court, may be made or done by the party in person or his legal representative, by his agent or by a pleader able to answer all material questions relating to the suit or accompanied by a person able so to answer.

Art.58- Agents in general

Without prejudice to the provisions of the following Articles, the agents of parties by whom appearances, applications and acts may be made or done are:
(a)    The spouse, brother, son, father or grand-father of such parties appearing without reward on behalf of such parties.
(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 business only, where no other agent is expressly authorized to make and do such appearances, applications and acts.

Art. 59- Persons authorized to act for Government

Persons being ex-officio or otherwise authorized to act for the Government with respect to any judicial proceeding shall be deemed to be the agents by whom appearances, acts and applications under this Code   may be made or done on behalf of the Government.

Art. 60- Procedure in suits against  public servant

(1)    Where the Government undertakes the defense of a suit angst a public servant, the government pleader, up on being furnished with authority to appear and answer the statement of claim shall apply to the court, and upon such application to court shall cause a note of his authority to be entered in the record.
(2)    Where no application under sub-art.(1) is made by the government pleader on or before the day fixed in the notice for the defendant to appear and answer, the cause shall proceed as in a suit between private parties.

Art. 61- Agent of member of Armed Forces

(1)    A member of the Armed Forces who is a party to a suit and can not obtain leave of absence for the purpose of prosecuting or defending the suit in person may authorize any person to sue or defend in his stead.
(2)    The authority shall be in  writing and shall be signed by the party giving it in the presence of:
(a)    his commanding officer, or the next subordinate officer, if the party is him self the commanding officer: or
(b)    Where the party is serving in military staff employment, the head or other superior officer of the office in which he is employed.
(3)    The authority shall be countersigned by such commanding or other officer and field in court and, whom so filed, the counter signature shall be sufficient proof that the authority was duly executed, and that the party giving it could not obtain leave of absence for the purpose of prosecuting or defending the suit in person.
(4)    Any person authorized under sub-art. (1) may prosecute or defend the suit in person  or appoint a pleader to prosecute or defend  the suit.

Art. 62- Agent of prisoner

(1)    A prisoner who is a party to a suit and can not obtain leave to prosecute or defend the suit in person may authorize any person to sue or defend in his stead.
(2)    The authority shall be in writing and shall be signed by the prisoner giving it in the presence of the superintendent who shall counter sign the authority which shall be filed in court.
(3)    The provisions of Art. 61 (3) and (4) shall apply by analogy.

Art. 63 – Appointment of pleader

(1)    No pleader shall act for any person in any court, unless he has been appointed for the purpose by such person by a power of attorney signed by such person or by his recognized agent or by some other person duly authorized by or under a power of attorney to make such appointment.
(2)    Every such power of attorney or a copy thereof shall be field together with the pleadings in the matter for which the pleader in authorized to act shall be  deemed to be, in force until determined with the leave of the court by a writing signed  by the client or the pleader, as the cause may be, and field in court, or until the client or the pleader dies, or until all proceedings in the suit are ended so far as regards the client.
(3)    For the purpose of sub-art . (2) any application under, Art. 6, 208 or 349, any appeal from any decree or order in the suit and any application or act for the purpose of obtaining copies of documents or return of documents produced or field in the suit or of obtaining refund of monies paid into the court or execution office in connection with the suit shall be deemed to be proceedings in the suit.

Art. 64- Agent to accept service

(1)    Besides the agent described in the preceding Articles any person residing within the jurisdiction of the court may be appointed any agent to accept service of process.
(2)    Such appointment shall be made by an instrument in writing signed by the principal and field in the registry.