Rule 4 of CPC : Rule 4: Appointment of pleader.
CPC
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Explanation using Example
Example 1:
Scenario: Mr. Sharma wants to file a civil suit against his neighbor for encroaching on his property. He decides to hire a lawyer, Mr. Gupta, to represent him in court.
- Appointment of Pleader: Mr. Sharma signs a document appointing Mr. Gupta as his pleader. This document is also signed by Mr. Sharma's recognized agent, his son, who has a power-of-attorney.
- Filing in Court: Mr. Gupta files this appointment document in the court where the suit is to be heard.
- Validity of Appointment: The appointment remains valid until the case is concluded, Mr. Sharma or Mr. Gupta dies, or Mr. Sharma decides to terminate Mr. Gupta's services with the court's permission.
- Additional Proceedings: If Mr. Sharma wants to file an appeal or a review of the court's decision, Mr. Gupta's appointment remains valid for these proceedings as well.
Example 2:
Scenario: Mrs. Verma, who is illiterate, wants to hire a lawyer, Ms. Rao, to handle her divorce case.
- Appointment of Pleader: Mrs. Verma cannot write her name, so she places her thumb impression on the document appointing Ms. Rao as her pleader. This document is attested by a local official as per the High Court's general order.
- Filing in Court: Ms. Rao files the attested appointment document in the family court.
- Memorandum of Appearance: Since Ms. Rao is engaged only for pleading, she files a memorandum of appearance in the court, stating the names of the parties (Mrs. Verma and her husband), the name of the party she represents (Mrs. Verma), and the name of the person who authorized her (Mrs. Verma).
- Termination of Services: If Mrs. Verma decides to change her lawyer, she must file a written document in the court, signed by her or her recognized agent, to terminate Ms. Rao's services.
Example 3:
Scenario: Mr. Khan hires a lawyer, Mr. Singh, to represent him in a property dispute case. Mr. Khan later decides to handle the case himself.
- Appointment of Pleader: Mr. Khan signs a document appointing Mr. Singh as his pleader, and this document is filed in the court.
- Termination of Appointment: Mr. Khan decides to terminate Mr. Singh's services. He files a written document in the court, signed by himself, stating that Mr. Singh's appointment is terminated.
- Court's Permission: The court grants permission for the termination, and Mr. Singh's appointment is no longer in force.
- Self-Representation: Mr. Khan now represents himself in the ongoing property dispute case.
Example 4:
Scenario: Ms. Patel hires a lawyer, Mr. Desai, to represent her in a civil suit. During the case, Ms. Patel passes away.
- Appointment of Pleader: Ms. Patel signs a document appointing Mr. Desai as her pleader, and this document is filed in the court.
- Death of Client: Unfortunately, Ms. Patel passes away during the proceedings.
- Termination of Appointment: Mr. Desai's appointment as pleader is automatically terminated upon Ms. Patel's death.
- Legal Heirs: Ms. Patel's legal heirs must now decide whether to continue the case and, if so, appoint a new pleader to represent them in court.
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