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1954 Supreme(Bom) 133

CHAGLA
Aswin Shambhuprasad Patel – Appellant
Versus
National Rayon Corporation Ltd. – Respondent


K.R. Bengeri and Mrs. C.K. Bengeri, for Applicants, V.B. Rege, for Opponent. M.P. Amin, Advocate-General, for Bar Association, A.A. Adarkar, for Bar Council and R.A. Jahagirdar, for Western India Advocates Association.

Judgement

ORDER : - A question of very great importance to the Bar has been raised by Mr. Bengeri on this petition. The petitioner gave a general power-of-attorney to one Shambhuprasad in a civil revision application and when the application came up before me this Shambhuprasad wanted to address me in Court on behalf of his client, and the question that arises is whether a constituted attorney has the right of audience in this Court on behalf of the party.

2. Mr. Bengeri relies on the provisions of O. III, R.1. Order III deals with recognised agents and pleaders and r.1 thereof provides that

"Any appearance, application or act in or to any court, required or authorized by law to be made or done by a party in such Court, may, except where otherwise expressly provided by any law for the time being in force, be made or done by the party in person, or by his recognized agent, or by a pleader appearing, applying or acting, as the case may be, on his behalf."

It is to be noted that this rule merely deals with an appearance, application or act in or to any Court and such an appearance, application or act may be done (1) by the party in person, (2) by his recognized agent, and (3) by a pleader











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