Party appearing by Agent | The Andhra Pradesh Civil Rules Of Practice And Circular Orders, 1990

Summary

Section 32 of the Andhra Pradesh Civil Rules Of Practice And Circular Orders, 1990, outlines the protocol for parties appearing in court through an agent. It mandates that agents, other than advocates, must file a power of attorney or written authority, along with an affidavit confirming its validity. The court must grant permission for the agent to act on behalf of the party, ensuring proper legal representation.

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Explanation using Example

Example 1: Business Agent Representing a Company in Court

Introduction: Rajesh, a manager at XYZ Pvt. Ltd., is tasked with representing the company in a civil suit regarding a contract dispute. The company decides not to hire an advocate but instead allows Rajesh to appear as their agent.

Application: According to Section 32(a) of the Andhra Pradesh Civil Rules Of Practice And Circular Orders, 1990, Rajesh must file a power of attorney or written authority in court, along with an affidavit confirming that his authority is still valid. Since he is carrying on business on behalf of the company, he must also provide an affidavit stating the company's residence, the nature of the business, and his connection to the subject matter of the suit.

Outcome: If Rajesh complies with these requirements, the judge may record in writing that he is permitted to appear and act on behalf of XYZ Pvt. Ltd. (Section 32(b)). If he fails to file the necessary documents, the court will not recognize his appearance, potentially delaying the proceedings and affecting the company's legal standing.

Conclusion: Compliance ensures that Rajesh can effectively represent the company, while non-compliance could lead to procedural delays and legal complications.

Example 2: Family Member Acting as an Agent in a Property Dispute

Introduction: Meena, an elderly woman, is involved in a property dispute but is unable to attend court due to health issues. Her son, Ravi, decides to act as her agent in the proceedings.

Application: Under Section 32(a), Ravi must file a power of attorney or written authority from Meena, along with an affidavit confirming that the authority is still in effect. If there is no written authority, he must provide an affidavit detailing Meena's residence, the nature of the dispute, and his connection to the case, ensuring no other agent is authorized.

Outcome: Upon fulfilling these requirements, the judge may permit Ravi to appear on Meena's behalf (Section 32(b)). Failure to comply means Ravi's actions in court will not be recognized, potentially jeopardizing Meena's case.

Conclusion: By adhering to the legal requirements, Ravi can effectively represent his mother, ensuring her interests are protected in the dispute.

Example 3: Agent Without Written Authority in a Trade Dispute

Introduction: Suresh, a shop manager, is involved in a trade dispute on behalf of his employer, who is out of the country. The employer has not provided a written authority for Suresh to act as an agent.

Application: As per Section 32(a), Suresh must submit an affidavit stating his employer's residence, the nature of the trade, and his connection to the dispute. He must also confirm that no other agent is authorized to act.

Outcome: If Suresh provides the necessary affidavit, the judge may allow him to represent his employer (Section 32(b)). Without this, his actions will not be recognized, potentially affecting the employer's position in the dispute.

Conclusion: Suresh's compliance with the affidavit requirement allows him to act on behalf of his employer, ensuring the dispute is addressed without delay.