Write a short note on Pleader.

Question: Write a short note on Pleader.

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Answer

As per section 2(q) of CrPC, “pleader”, when used with reference to any proceeding in any Court, means a person authorized by or under any law for the time being in force, to practice in such Court, and includes any other person appointed with the permission of the Court to act in such proceeding.

In Harishankar Rastogi v. Girdhari Sharma and Anr. 1978 AIR 1019, 1978 SCR (3) 493, Hon’ble Supreme Court has held:

A private person who is not an Advocate has no right to barge into Court and claim to argue for a party. He must get the prior permission of the Court for which the motion must come from the party himself.

It is open to the Court to grant or withhold permission at its discretion. In fact, the Court may even after grant of permission withdraw it halfway through if the representative proves himself reprehensible. The antecedents, the relationship and reasons for requisitioning the services of the private person and a variety of other circumstances must be gathered before grant or refusal of permission.

In Goa Antibiotics & Pharmaceuticals Ltd. v. R.K. Chawla And Anr. on 4 July 2011, referred to Advocates Act of 1961, the Hon’ble Supreme Court has held:

“Section 32 of the Act, however, vests discretion in the court, authority or person to permit any person who is not enrolled as an advocate to appear before the court and argue a particular case.

Section 32 of the Act is not the right of a person (other than an enrolled advocate) to appear and argue before the court but it is the discretion conferred by the Act on the court to permit anyone to appear in a particular case even though he is not enrolled as an advocate.”

“There is a distinction between the right to appear on behalf of someone, which is only given to enrolled lawyers, and the discretion in the Court to permit a non-lawyer to appear before it.

Under Sections 29 and 33 of the Act, only those persons who have a right to appear and argue before the court who is enrolled as an advocate while under Section 32 of the Act, power is vested in the court to permit, in a particular case, a person other than an advocate to appear before it and argue the case.

A power of attorney holder cannot, unless he is an enrolled lawyer, appear in Court on behalf of anyone unless permitted by the Court under Section 32 of the Act, though, of course, he may sign sale deeds, agreements etc. and do other acts on behalf of someone else unless prohibited by law.” 

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