Order XXVIII Rule 1 CPC: Officers, soldiers, sailors or airmen who cannot obtain...

THE FIRST SCHEDULE · ORDER XXVIII Suits by or against military or naval men or airmen

Order XXVIII Rule 1: Officers, soldiers, sailors or airmen who cannot obtain leave may authorise any person to sue or defend for them

(1) Where any officer, ¹[soldier, ²[sailor] or airman] actually ³[serving under the Government] in ⁴[such] capacity is a party to a suit, and cannot obtain leave of absence for the purpose of prosecuting or defending the suit in person, he may authorise any person to sue or defend in his stead.

(2) The authority shall be writing and shall be signed by the officer, ¹[soldier, ²[sailor] or airman] in the presence of (a) his commanding officer, or the next subordinate officer, if the party is himself the commanding officer, or (b) where the officer, ¹[soldier, ²[sailor] or airman,] is serving in military, ⁵[naval], ⁶[or air force] staff employment, the head or other superior officer of the office in which he is employed. Such commanding or other officer shall countersign the authority, which shall be filed in Court.

(3) When so filed the countersignature shall be sufficient proof that the authority was duly executed, and that the officer, ¹[soldier ²[, sailor] or air man] by whom it was granted could not obtain leave of absence for the purpose of prosecuting of defending the suit in person.

Explanation.—In this Order the expression “commanding officer” means the officer in actual command for the time being of any regiment, corps, ⁵[ship,] detachment or depot to which the officer, ¹[soldier ²[, sailor] or airman] belongs.

Footnotes in the official text

1.Subs. by s. 2, ibid., and Sch. I, for “or soldier” and “or a soldier”.
2.Ins. by Act 35 of 1934, s. 2 and Sch.
3.Subs. by the A.O. 1937, for “serving the Government”.
4.Subs. by Act 35 of 1934, s. 2 and Sch., for “a military or air force”.
5.Ins. by Act 35 of 1934, s. 2 and Sch.
6.Ins. by Act 10 of 1927, s. 2 and the Sch.

Questions on this rule

1 question in 3 of our papers cite Order XXVIII Rule 1. Try these from the free papers:

1. Consider the following statements under the Code of Civil Procedure, 1908: 1. Under Order XXIX, in a suit against a corporation, the summons may be served only on its managing director personally. 2. Under Order XXVIII, an officer, soldier, sailor or airman actually serving under the Government who cannot obtain leave of absence to prosecute or defend a suit in person may authorise any person to sue or defend in his stead. 3. Under Order XXIX, a pleading on behalf of a corporation may be signed and verified by its secretary, or by any director or other principal officer able to depose to the facts of the case. Which of the statements given above is/are correct?