Sec 1 to 3 Order XXVIII (Suits By Or Against Military Or Naval Men Or Airmen) The Code Of Civil Procedure, 1908

1. Officers, soldiers, sailors or airmen who cannot obtain leave may authorise any person to sue or defend for them.—

(1) Where any officer, ⁴[soldier, ⁶[sailor] or airman] actually ⁵[serving under the Government] in ⁶[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, ⁷[soldier, ⁸[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, ¹[soldier, ²[sailor] or airman,] is serving in military, ²[naval], ⁹[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, ¹[soldier ²[, sailor] or air man] by whom it was granted could not obtain leave of absence for the purpose of prosecuting of defending the suit in person.

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Explanation.—

In this Order the expression “commanding officer” means the officer in actual command for the time being of any regiment, corps, ²[ship,] detachment or depot to which the officer, ¹[soldier ²[, sailor] or airman] belongs.

2. Person so authorised may act personally or appoint pleader.—

Any person authorised by an officer, ¹[soldier ²[, sailor] or airman] to prosecute or defend a suit in his stead may prosecute or defend it in person in the same manner as the officer, ¹[soldier ²[, sailor] or airman] could do if present; or he may appoint a pleader to prosecute or defend the suit on behalf of such officer, ¹[soldier ²[, sailor] or airman].

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3. Service on person so authorised, or on his pleader, to be good service.—

Processes served upon any person authorised by an officer ¹[soldier ²[, sailor] or airman] under rule 1 or upon any pleader appointed as aforesaid by such person shall he as effectual as if they had been served on the party in person.

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(1. Ins. by Act 104 of 1976, s. 77 (w.e.f. 1-2-1977.)

(2. Ins. by Act 35 of 1934, s. 2 and the Sch.)

(3. Ins. by Act 10 of 1927, s. 2 and the First Sch.)

(4. Subs. by s. 2, ibid., and the First Sch., for “or soldier” and “or a soldier”.)

(5. Subs. by the A.O. 1937, for “serving the Government”.)

(6. Subs. by Act 35 of 1934, s. 2 and the Sch., for “a military or air force”.)

(7. Subs. by Act 10 of 1927, s. 2 and the First Sch. for “or soldier”.)

(8. Ins. by Act 35 of 1934, s. 2 and the Sch.)

(9. Ins. by Act 10 of 1927, s. 2 and the Sch.)

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