Power of attorney holders lack a general right of audience and cannot plead or examine witnesses as of right.

Order III of the Code of Civil Procedure permits a recognised agent or power of attorney holder to appear, apply and act, but not to plead or argue. The distinction between acting and pleading is reinforced by the definition of pleader under the Code, the Original Side Rules reserving pleading to qualified legal practitioners, and Section 119 of the Code barring unauthorised persons from addressing the Court or examining witnesses. Read with the Advocates Act, 1961, these provisions confirm that the right of audience and the right to examine witnesses belong to advocates and other authorised legal practitioners, not to a general power of attorney holder.

---

---

Issues: Whether a power of attorney holder and recognized agent has a right of audience to appear, act, plead and argue on behalf of a party in the proceeding.

Analysis: Order III of the Code of Civil Procedure, 1908 permits a recognized agent to appear, apply and act, but the expression does not extend to pleading or arguing. The definition of pleader under the Code confines the right to appear and plead to the class of advocates, vakils and attorneys entitled to practice. The Original Side Rules similarly distinguish acting from pleading and provide that pleading is reserved to duly qualified legal practitioners. Section 119 of the Code of Civil Procedure, 1908 further prohibits unauthorized persons from addressing the Court or examining witnesses, and Sections 8 and 29 of the Advocates Act, 1961 recognise advocates as the only class entitled to practice law as of right. On this combined reading, a power of attorney does not confer a general right of audience or the right to examine witnesses.

Conclusion: The application seeking permission for the power of attorney holder to appear and act on behalf of the caveatrix was rejected, and he was held not entitled to plead, argue or examine witnesses as of right.

---