Skip to content

CS Professional · Drafting, Pleadings and Appearances · Judicial and Administrative Framework

Mr. Rao, a company secretary who is not an advocate, wishes to argue a client's suit and cross-examine witnesses on the original side of a High Court. He argues that the Code of Civil Procedure, 1908 itself permits any person to act on behalf of another. What is the position under the Code?

Mr. Rao cannot rely on the Code. Section 119 does not authorize any person to address the Court or examine witnesses for another in original civil jurisdiction, except where the Court has authorized him under the power conferred by its charter.

  1. AThe Code authorizes any person to address the Court on behalf of another in original civil jurisdiction
  2. BThe Code does not authorize this; he may do so only where the Court has authorized him under the power conferred by its charterCorrect
  3. CHe may do so if the other party consents in writing
  4. DHe may address the Court but cannot examine witnesses, under any circumstances

Explanation

Section 119 says nothing in the Code authorizes a person to address the Court on behalf of another in original civil jurisdiction or to examine witnesses, except where the Court has authorized him under its charter powers. The Code also does not interfere with the High Court's power to make rules concerning advocates, vakils and attorneys. Consent of the other party is not a ground in the section.

Did you get it right without looking?

One question tells you little. A timed set on Judicial and Administrative Framework shows your real accuracy, how long you take and where you lose marks.

Practise Judicial and Administrative FrameworkFree diagnostic mock

More Judicial and Administrative Framework questions