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TMI Blog1954 (10) TMI 50X X X X Extracts X X X X X X X X Extracts X X X X ..... mbhuprasad 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 Order III, Rule 1. Order III deals with recognised agents and pleaders and Rule 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, he 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 he, on his behalf. It is to be noted that this ru ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nesses, are all parts of pleading with which Order III does not deal at all. It deals with restricted class of acts in connection with the litigation in Court and it is with regard to that restricted class of act that Order III permits recognised agents to be appointed, If authority was needed for this proposition, there is ample authority. There is the decision of the full bench of the Madras High Court in -- 'Krishnammal v. Balasubramania Pillai', AIR1937Mad937 (A), and there are also two decisions of the Calcutta High Court in -- 'Harchand Ray Gobordhon Das v. B. N. Rly. Co.', AIR 1916 Cal 181 and 'In re: Eastern Tavoy Minerals Corporation Ltd,', AIR1934Cal563 (C). Both the Madras High. Court and the Calcutta Hig ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... erence is made to a pleader pleading and that rule provides that when a pleader has been engaged only for the purpose of pleading he need not file a vakalatnama. But neither Order III of the Civil Procedure Code nor any other Order strictly deals with the right of a member of the Bar to have audience in Court. 5. Now, as far as the High Court is concerned, the right of the members of the Bar really flow from the Letters Patent and Clause 10 really constitutes the charter of the rights of the Bar because that clause provides that no person whatsoever hut such advocates, vakils or attorneys shall be allowed to act or to plead for or on behalf of any suitor in the said High Court, except that any suitor shall be allowed to appear, plead or ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... time being in force, under which there was an express provision to the contrary. This decision therefore is of no help in construing Clause 10 of the Letters Patent. 7. The next provision of the law to which attention might be drawn is the Bar Councils Act and Section 8 provides that no person shall be entitled as of right to practice in any High Court unless his name is entered in the Roll of Advocates of the High Court maintained under this Act. Now, right to practise in my opinion is an expression much wider than the right to plead. It includes both pleading and acting, and the Bar Councils Act has conferred that right only upon those persons who have been enrolled as Advocates of the High Court. Therefore Section 8, Bar Councils A ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... o to Section 9, and, as I have already pointed out, right of audience -is a natural and necessary concomitant of the right to plead, and therefore if a recognised agent has no right to plead, it follows that he has no right of audience in Court. Therefore, as far as the question that directly arises for my decision as raised by Mr. Bengeri is concerned, there is no doubt that even on a strict construction of Order III, Rule 1, and even assuming that the provisions of Order III, Rule 1, apply to the High Court, Shambhuprasad has no right of audience in this Court, as the right of audience does not form part of an appearance, application or act in or to any Court. The larger and the wider question to my mind is also of great importance to the ..... X X X X Extracts X X X X X X X X Extracts X X X X
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