(1) Where any officer, soldier, sailor or airman actually serving under the
Government in such capacity is a party to a suit, and cannot obtain leave of
absence for the purpose of
prosecuting or defending the suit in person, he may authorise any person to sue
or defend in his stead (2) The authority shall be writing and shall be signed by
the officer, soldier, sailor or airman in the presence of (a) his commanding
officer, or the next subordinate officer, if the party is himself the commanding
officer, or (b) where the officer, soldier, sailor or airman, is serving in
military, naval, or air force staff employment, the head or other superior
officer of the office in which he is employed. Such commanding or other officer
shall countersign the authority, which shall be filed in
Court.
(3) When so filed the countersignature shall be sufficient proof that the authority was duly executed, and that the officer, soldier, sailor or airman by whom it was granted could not obtain leave of absence for the purpose of prosecuting of defending the suit in person.
Explanation.-In this Order the expression "commanding officer" means the officer in actual command for the time being of any regiment, corps, ship, detachment or depot to which the officer, soldier, sailor or airman belongs.