Shaffique, J.

Petitioners challenge Exts.P6 and P7 orders passed in IA Nos.1449/2016 and 1450/2016 by which application filed by the petitioners to set aside the ex parte order had been rejected on the ground that the Power of Attorney has never appeared and obtained leave of court and that there is non compliance of Order III of the Code of Civil Procedure read with Rule 22 of the Civil Rules of Practice.

2. The main contention urged by the petitioners is that the petitioners were declared ex parte and a decree had been passed in OP No.292/16 by which direction had been issued for recovery of money from the petitioners.

3. The matter had come to the notice of the petitioners only subsequently and accordingly, they being parties residing at Germany has given a Power of Attorney in favour of Sri. Roshan Nirmal Felix to file application to prosecute OP NO.292/16. When an application was filed seeking leave of Court to appear through Power of Attorney and to set aside ex parte order, the same came to be dismissed by the impugned orders.

4. The main contention urged by the petitioners is that the Power of Attorney holder was entitled to file application for setting aside an ex parte order and to prosecute the matter on behalf of the principal as ordered under Order III Rule 1 and 2 of the Code of Civil Procedure. Learned counsel for the petitioners also placed reliance upon the judgments of this Court in K.A. Pradeep v. Branch Manager, Nedungadi Bank Limited (2007 (4) KLT 57) and Kunhi Purayil Mukundan Naveen v. Anjalika Dinesh (2011 (3) KLT 175) to substantiate the fact that Power of Attorney holder is entitled to file necessary application before the Courts as well as the Family Courts for appearing and pleading on behalf of the principals.

5. Order III Rule 1 and 2 reads as under :-

"Order III

Recognized Agents and Pleaders

1. Appearance, etc., may be in person, by recognized agent or by pleader - 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.

Provided that any such appearance shall, if the Court so directs, be made by the party in person.

2. Recognized agents- The recognized agents of parties by whom such appearances, applications and acts may be made or done are -

(a) persons holding powers-of-attorney, authorising them to make and do such appearances, applications and acts on behalf of such parties;

(b) persons carrying on trade or business for and in the names of parties not resident within the local limits of the jurisdiction of the Court within which limits the appearance, application or act is made or done, in matters connected with such trade or business only, where no other agent is expressly authorised to make and do such appearances, applications and acts."

6. Rule 22 of the Civil Rules of Practice reads as under :-

"22. Party appearing by agent (1) When a party appears by an agent other than a pleader, the agent shall, before making any appearance or application, or doing any act before the Court, file in Court the power of attorney, or other written authority thereunto authorising him or a properly authenticated copy thereof; or, in the case of an agent carrying on a trade or business on behalf of a party without a written authority, an affidavit stating the residence of his principal, the trade or business carried on by the agent on his behalf and the connection of the same with the subject matter of the suit, and that no other agent is expressly authorised to make such appearance, or application or do such act.

(2) The Judge may thereupon record in writing that the agent is permitted to appear and act on behalf of the party; and until the said permission is granted, no appearance, application or act of t