Order XXVIII Rule 3 CPC: Service on Authorised Person or Pleader
Order XXVIII Rule 3 of the Code of Civil Procedure, 1908 explains when delivery of court process to an authorised representative or pleader is legally effective in a civil suit involving an officer, soldier, sailor or airman.
What does Order XXVIII Rule 3 provide?
Rule 3 - Service on person so authorised, or on his pleader, to be good service. Processes served upon any person authorised by an officer, soldier, sailor or airman under Rule 1, or upon a pleader appointed by that authorised person as described in Rule 2, are as effective as service on the party personally.
This is a plain-language rendering of the statutory rule; consult the official text of the Code of Civil Procedure, 1908 (India Code) for the enacted wording and applicable amendments.
Meaning and legal effect
The rule recognises that a member of the armed forces who cannot obtain leave to attend civil proceedings may validly authorise another person to act on their behalf. Where that authority is created in accordance with Order XXVIII Rule 1, service of court process on the authorised person has the same legal effect as personal service on the service member.
Under Order XXVIII Rule 2, the authorised person may conduct the suit personally or appoint a pleader. Rule 3 also treats service on a pleader appointed through that mechanism as effective service on the party.
Conditions for valid service under Rule 3
- Eligible party: The civil suit involves an officer, soldier, sailor or airman covered by Order XXVIII Rule 1.
- Proper authority: The representative has been authorised in writing in accordance with Rule 1, including the required signature, countersignature and filing in court.
- Authorised recipient: Court process is served on that representative or on a pleader appointed by the representative under Rule 2.
- Legal consequence: Such service is treated as though it had been made on the service member personally.
Related legal provisions
Order XXVIII Rule 1 - Authorisation when leave is unavailable
Rule 1 allows an eligible service member who cannot obtain leave to prosecute or defend a suit in person to authorise another person. It prescribes how the written authority must be signed, countersigned and filed with the court. The expression commanding officer is defined in the Explanation to Rule 1 as the officer in actual command of the relevant regiment, corps, ship, detachment or depot.
Order XXVIII Rule 2 - Acting personally or appointing a pleader
Rule 2 permits the authorised person to prosecute or defend the suit as the service member could if present, or to appoint a pleader for that purpose. A pleader is a person entitled to appear and plead for another in court, as defined in Section 2(15) of the CPC.
Order III - Recognised agents and pleaders
Order III contains the general procedural rules on appearances through recognised agents and pleaders, including service on recognised agents under Rule 3 and appointment of pleaders under Rule 4. Order XXVIII supplies specific provisions for the covered service personnel.
Practical example
Suppose a serving naval officer is a defendant in a civil suit and cannot obtain leave to attend court. The officer executes and files an authorisation complying with Order XXVIII Rule 1. If court process is then served on that authorised representative, or on a pleader duly appointed by the representative, Order XXVIII Rule 3 treats the service as effective as personal service on the naval officer.
Official legal reference
India Code - Code of Civil Procedure, 1908, First Schedule, Order XXVIII, Rules 1 to 3.