Civil Procedure Code, 1908 | Order III

Order III Rule 4 CPC: Appointment of Pleader and Vakalatnama

Order III Rule 4 of the Code of Civil Procedure, 1908 (CPC) regulates how a pleader is appointed to act in court, how the appointment is filed and continues, and when a separate memorandum of appearance is required for an advocate engaged only to plead.

Core requirement: A pleader cannot act for a person in court without a written appointment made by that person or an appropriately authorised representative and filed in court. This appointment is commonly called a vakalatnama.

Order III Rule 4 CPC: Meaning and Sub-Rules

The rule is titled Appointment of pleader. Its five sub-rules and the Explanation govern the following matters. The descriptions below explain the central provision; applicable High Court rules and valid local amendments should also be checked.

Sub-rule (1): Written appointment is mandatory to act

No pleader may act for a person in a court unless appointed by a written document signed by the party, the party's recognised agent, or another person duly authorised by or under a power of attorney to make that appointment.

Sub-rule (2): Filing and continuation of appointment

The written appointment must be filed in court. For purposes of sub-rule (1), it is deemed to continue until it is determined with the leave of the court by a writing signed by the client or pleader and filed in court; until the client or pleader dies; or until all proceedings in the suit end as regards that client.

Explanation to sub-rule (2): What counts as proceedings in the suit?

The Explanation includes: (a) an application to review a decree or order in the suit; (b) an application under Section 144 (restitution) or Section 152 (correction of clerical or arithmetical mistakes) concerning a decree or order in the suit; (c) an appeal from a decree or order in the suit; and (d) applications or acts to obtain copies or return of documents, or refund of money deposited in court in connection with the suit.

Sub-rule (3): Two important limits

The procedural continuation described in sub-rule (2) does not extend the private engagement between pleader and client. Nor does it ordinarily authorise service of a notice or document from another court on that pleader, unless the client expressly agreed to such service in the appointment document.

Sub-rule (4): Signature by mark

A High Court may direct, by general order, how the mark of a person unable to write their name on the appointment document must be attested.

Sub-rule (5): Pleader engaged only to plead

A pleader engaged solely to plead must file a signed memorandum of appearance specifying the names of the parties, the party represented, and the person authorising the appearance. The proviso exempts a pleader engaged to plead by another pleader who has already been duly appointed to act for that party.

What Is a Vakalatnama Under Order III Rule 4?

A vakalatnama is the written authority by which a litigant appoints a pleader to act on their behalf in a proceeding. It should identify the litigant, the advocate, and the case, and bear the required signature or valid authorisation. The document must be filed in the relevant court, subject to that court's procedural requirements.

A recognised agent may sign the appointment if authorised to do so. However, the power to appoint counsel should not be confused with an unrestricted right of a non-advocate to practise law or conduct oral advocacy. Rights of audience remain governed by the Advocates Act, 1961, including Sections 29, 30, 32 and 33, and applicable court rules.

How Long Does a Pleader's Appointment Continue?

The appointment has a procedural life prescribed by Rule 4(2), including the proceedings identified in its Explanation. It does not automatically terminate merely because a particular hearing or stage has concluded. Equally, the Explanation does not mean that a client has privately retained the advocate for every later stage without agreement.

Withdrawal or discharge while the appointment remains in force ordinarily requires an appropriate writing filed in court and the court's leave. Death of the client or pleader, or the conclusion of all proceedings in the suit as regards the client, are separate terminating events under the rule. Changes of counsel may also be subject to applicable High Court rules and professional requirements.

Difference Between an Advocate Appointed to Act and One Engaged Only to Plead

An advocate appointed to act must have the written authority required by Rule 4(1). An advocate engaged only to plead generally files the memorandum specified by Rule 4(5), unless the engagement is by a pleader already duly appointed to act for the party. The exact procedural forms and filing practices can vary under the rules of the court concerned.

Order III Rule 1: Appearances, applications and acts may generally be made by a party in person, a recognised agent or a pleader, subject to the court's power to direct personal appearance.
Order III Rule 2: Identifies categories of recognised agents, including persons holding powers of attorney and certain business agents.
Order III Rule 3: Addresses service of process on a recognised agent.
Order III Rule 5: Addresses service of process on a pleader.
Order III Rule 6: Addresses appointment of an agent to accept service of process.
Sections 144 and 152 CPC: Are expressly mentioned in the Explanation to Rule 4(2).

For the statutory text and amendments, consult the India Code official legislation portal and the Legislative Department, Government of India. Court-specific practice directions and High Court rules should be checked for the forum where the matter is pending.

Frequently Asked Questions

Can an advocate act in a civil suit without a vakalatnama?

Order III Rule 4(1) requires a written appointment filed in court before a pleader acts for a party. An advocate engaged only to plead is dealt with separately under Rule 4(5).

Can a power-of-attorney holder appoint an advocate?

Yes, if the holder has the necessary authority to make the appointment. The terms of the power of attorney and applicable procedural rules matter.

Does the vakalatnama automatically end after judgment?

Not necessarily. Rule 4(2) and its Explanation treat specified post-judgment steps, including appeals and review applications, as proceedings in the suit for the rule's purposes, subject to its stated limits.

Can a party change their advocate?

Yes, subject to the procedural requirements for determining the existing appointment, including leave of the court where required, and any applicable local rules.

Legal information updated for October 2026. This article describes the central CPC framework; amendments, court rules and case-specific orders may affect procedure.