How suits by or against Military or Naval men or Airman may be instituted?

Question: How suits by or against Military or Naval men or Airmen may be instituted?

Find the answer to the mains question only on Legal Bites. [How suits by or against Military or Naval men or Airmen may be instituted?]

Answer

Suits by or against military or Naval men or Airmen is provided by Order 28 of the Code of Civil Procedure 1908. The order provides that if any officer, soldier, sailor, or airmen in active service is a party to suit and who cannot obtain leave, may authorize any person to sue or defend in his place.

This authority must be given

1. In writing
2. Be signed in the presence of the commanding officer and when he is serving in the staff employment it shall be signed by of superior officer,
3. Countersigned by the commanding officer or other officers.

After such counter signature, it cannot be challenged in the court the execution of authority is not proved or that he cannot obtain leave. The person so authorized may himself prosecute or defend the suit or may appoint a pleader. Process in the case shall be served on the person so authorized shall be effective as on the party.

---

Important Mains Questions Series for Judiciary, APO & University Exams

1. CPC Mains Questions Series: Important Questions Part – I of X
2. CPC Mains Questions Series: Important Questions Part – II of X
3. CPC Mains Questions Series: Important Questions Part – III of X
4. CPC Mains Questions Series: Important Questions Part – IV of X
5. CPC Mains Questions Series: Important Questions Part – V of X
6. CPC Mains Questions Series: Important Questions Part – VI of X
7. CPC Mains Questions Series: Important Questions Part – VII of
8. CPC Mains Questions Series: Important Questions Part – VIII of X
9. CPC Mains Questions Series: Important Questions Part – IX of X
10. CPC Mains Questions Series: Important Questions Part – X of X