In Re The Estate Of Malachais

1920. Present: Bertram C.J. and De Sampayo J.

In re THE ESTATE OF MALACHAIS

84-D. C. (Inty.) Colombo, 5,4,16.

Proctor a party-Privilege to instruct counsel himself-Proxy to another proctor not necessary-Testamentary actions.

A proctor who is a party to an action may himself instruct counsel to appear on his behalf, and it is not necessary for Him to give a proxy to another proctor for the purpose of instructing counsel.

THE facts appear from the judgment.

Hayley (with him Croos-Dabrera), for appellant.-The District Judge was not dealing with Mr. A as an officer of the Court, but had called upon him to account for moneys received by him as proctor of the petitioner. As the inquiry was in open Court, Mr. A was entitled, as of right, to be represented by counsel. It was not necessary for Mr. A to grant a proxy in favour of another proctor, but he was entitled to instruct the counsel himself. Whenever a man is entitled to appear in person, he is entitled to be heard by an agent. The recognized agent to appear in Court is either a proctor or an advocate (section 24, Civil Procedure Code).

A solicitor who is a party to an action ap

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