632+ Lawyers are online 
Can in a case one respondent delegate the other one to appear
02-May-2023 (In Labour & Service Law)
In a pension case can respondent No. 1 i.e delegate respondent No.2 i.e Army officer to respond or appear on his behalf,if so under which rule and if no under which rule.
As for as I concern in a pension matter if matter is pending before Hon'ble High court then there should be no need of delegation becouse in the high court proceeding there is no requirement of appearance of party in person any one can be represented through his/her council but if the matter is pending before the department or any other court where then party can choose the option of Recognized agent to respond and appear on his/her behalf.
Further more It is my best advice for you that a person can be represented by his/her Recognized agent under the provision of order 3 rule 2 but it's happened normally in very exceptional cases where the person is very sick or looking to the illness of the person or if the person is very old aged or any others situation where court thinks that it is necessary otherwise it can not done in normal way.
Order 3 rule 2 says about Recognized agent- "The recognized agent of parties by whom such appearances, applications and acts may be made or done are-
(a) persons holding powers-of-attorney, authorizing them to make and do such appearances, applications and acts on behalf of such parties;
In the case of Janaki Vasudeo Bhojwani Vs. IndusInd Bank Ltd. AIR 2005 SC 439 wherein Supreme Court had held that a general power of attorney holder can appear, plead and act on behalf of the party but he cannot become witness on behalf of party. He can only appear in his own capacity. No one can delegate the power to appear in witness box on behalf of himself, There can be no dispute that the attorney of the party can appear in the Court on behalf of the party and do the act as specified in power of attorney. An attorney is not an incompetent witness. He can appear in the Court and depose in the Court as a witness in respect of facts which are in his knowledge. He cannot depose in respect of the facts which are not in his knowledge and knowledge of which has been derived by him from principal without witnessing the facts himself.
I hope this advice Will help you to understand the situation and face the problem.
Further more It is my best advice for you that a person can be represented by his/her Recognized agent under the provision of order 3 rule 2 but it's happened normally in very exceptional cases where the person is very sick or looking to the illness of the person or if the person is very old aged or any others situation where court thinks that it is necessary otherwise it can not done in normal way.
Order 3 rule 2 says about Recognized agent- "The recognized agent of parties by whom such appearances, applications and acts may be made or done are-
(a) persons holding powers-of-attorney, authorizing them to make and do such appearances, applications and acts on behalf of such parties;
In the case of Janaki Vasudeo Bhojwani Vs. IndusInd Bank Ltd. AIR 2005 SC 439 wherein Supreme Court had held that a general power of attorney holder can appear, plead and act on behalf of the party but he cannot become witness on behalf of party. He can only appear in his own capacity. No one can delegate the power to appear in witness box on behalf of himself, There can be no dispute that the attorney of the party can appear in the Court on behalf of the party and do the act as specified in power of attorney. An attorney is not an incompetent witness. He can appear in the Court and depose in the Court as a witness in respect of facts which are in his knowledge. He cannot depose in respect of the facts which are not in his knowledge and knowledge of which has been derived by him from principal without witnessing the facts himself.
I hope this advice Will help you to understand the situation and face the problem.
Helpful?
18+
18+
Adv. Rohit Jagwani
Gwalior | 100+ Answers
CONTACT NOW
Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.
Connect with top Labour & Service lawyers for your specific legal issue
No Comments! Be the first one to comment.
"lawrato.com has handpicked some of the best Legal Experts in the country to help you get practical Legal Advice & help."
