Order XXVIII Rule 2 CPC - Person Authorised May Act Personally or Appoint a Pleader

Order XXVIII Rule 2 of the Code of Civil Procedure, 1908 explains how a person validly authorised by an officer, soldier, sailor or airman may conduct a civil suit on that party's behalf, either personally or through an appointed pleader.

What does Order XXVIII Rule 2 provide?

The provision forms part of Order XXVIII (Suits by or against military or naval men or airmen) in the First Schedule to the CPC. It facilitates the conduct of civil proceedings when the service member cannot personally attend court and has authorised another person under Rule 1.

Meaning and scope of the rule

Authorised person: A person empowered under Order XXVIII Rule 1 to prosecute or defend the suit in place of the service member. The authority is not automatically created by family relationship or employment; the prescribed written authorisation must be executed and filed in court.

Act personally: The authorised person may undertake the prosecution or defence in the manner permitted by Rule 2, subject to other applicable procedural rules and directions of the court.

Appoint a pleader: Instead of personally conducting the case, the authorised person may appoint a pleader to prosecute or defend the suit for the officer, soldier, sailor or airman. Under Order III Rule 4 CPC, the appointment of a pleader to act ordinarily requires a written appointment filed in court.

How Rules 1, 2 and 3 work together

• Rule 1 - Authorisation: An eligible service member who cannot obtain leave may authorise another person in writing, with the prescribed witnessing, countersignature and filing requirements.
• Rule 2 - Representation: The authorised person may conduct the suit personally or appoint a pleader.
• Rule 3 - Service: Service of court process on the authorised person or the pleader appointed through that person is effective as service on the party personally.

Practical procedure

First, prepare the written authority in accordance with Order XXVIII Rule 1 and have it signed and countersigned by the appropriate officer. File it in the court handling the civil suit. The authorised person may then act under Rule 2 or appoint a pleader, complying with the applicable requirements for a vakalatnama or other written appointment. The court may still require compliance with any separate procedural obligation that applies to the case.

Official legal source

Read the Code of Civil Procedure, 1908 on India Code (official PDF), particularly Order XXVIII Rules 1 to 3 and Order III Rule 4. State amendments and applicable court rules should also be checked for the court and jurisdiction concerned.

This article explains the general central CPC provisions and is for legal information, not a substitute for advice about a specific proceeding.