Right of audience in High Court is confined to authorised legal representatives; recognised agents cannot plead for a party.

Order III Rule 1 CPC allows a party to appear, apply or act through a recognised agent or pleader, but it does not extend to pleading or a right of audience. A recognised agent under Rule 2(a) can act only within that limited authority, and Rule 5 distinguishes between a pleader acting and a pleader pleading. The right of audience is part of pleading, not mere appearance or application. The Letters Patent reserves the right to act and plead in the High Court to advocates, vakils or attorneys, subject to the party himself, and the cited bar and pleader laws were treated as consistent with that limitation.

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Issues: Whether a constituted attorney or recognised agent holding a power of attorney has a right of audience in the High Court and may plead on behalf of a party.

Analysis: Order III, Rule 1 of the Code of Civil Procedure permits a party to make appearances, applications or acts in court through a recognised agent or pleader, but it does not extend to pleading or the right of audience. A recognised agent under Order III, Rule 2(a) may act only within the limits of that provision, and Rule 5 itself distinguishes between a pleader acting and a pleader pleading. The right of audience is part of pleading and is not comprehended within the expression appearance, application or act. Clause 10 of the Letters Patent confers the right to act and plead in the High Court only on advocates, vakils or attorneys, with the party himself as the exception. Section 8 of the Bar Councils Act and Section 9 of the Bombay Pleaders' Act were treated as consistent with that restriction and as showing that a recognised agent cannot claim a right to plead, and therefore cannot claim a right of audience.

Conclusion: A constituted attorney or recognised agent has no right of audience in the High Court.

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