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CS Professional · Drafting, Pleadings and Appearances · Pleadings

A foreign Ruler's recognised representative requests the Central Government to arrange for the prosecution of several suits in India. The Central Government appoints Mr. Rao for all suits that may from time to time be necessary. Mr. Rao wants his junior, Ms. Iyer, to make appearances and applications in one such suit. Under Section 85, what is the position?

Mr. Rao may authorize or appoint Ms. Iyer to make appearances and applications and do acts in the suit as if he were himself a party. Section 85(3) expressly allows such sub-delegation by a person appointed under that section.

  1. AMr. Rao cannot delegate; only the Central Government can appoint
  2. BMs. Iyer may act only after a fresh Central Government order
  3. CMr. Rao may authorize or appoint Ms. Iyer to make appearances and applications and do acts in the suit as if he were himself a partyCorrect
  4. DMs. Iyer may act only if the Ruler personally signs each application

Explanation

Section 85(2) permits an appointment for all such suits as may be necessary, and Section 85(3) lets the appointed person authorize or appoint others to make appearances and applications and do acts as if he were himself a party. No fresh government order is required.

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