Pleader
Also called: Vakil, Counsel
Under Section 2(15) of the CPC, any person entitled to appear and plead for another in Court, including an advocate, a vakil and an attorney of a High Court.
Explained
Section 2(15) of the CPC defines pleader as any person entitled to appear and plead for another in Court, and includes an advocate, a vakil and an attorney of a High Court. The definition is inclusive and turns on entitlement to appear and plead. Since the Advocates Act, 1961, Section 29 recognises advocates as the only class of persons entitled to practise law, and Section 33 provides that, except as otherwise provided, no person may practise in any court unless enrolled as an advocate. In practice, therefore, a pleader is an advocate.
The CPC uses the term throughout. Under Order III Rule 1, any appearance, application or act required or authorised to be done by a party may be done by the party in person, by his recognised agent, or by a pleader on his behalf, though the Court may direct appearance in person. Under Order III Rule 4, a pleader cannot act for a person unless appointed by a document in writing signed by that person or his authorised agent, the vakalatnama, which is filed in Court and remains in force until determined with leave of the Court, until death, or until all proceedings in the suit end. The Government Pleader, defined separately in Section 2(7), acts for the Government.
The pleader is distinct from a recognised agent, who acts for a party under Order III Rule 2 and is not necessarily a lawyer. In criminal procedure, the CrPC defined pleader in Section 2(q), earlier in force; the BNSS definitions clause contains no such definition, and its provisions use the word advocate instead.
Examiners test the definition, appointment under Order III Rule 4, and the consequences that attach to a pleader's conduct, for example Order X Rule 4, under which the Court may require the party in person when his pleader cannot answer material questions.
What the law says
(15) “pleader” means any person entitled to appear and plead for another in Court, and includes an advocate, a vakil and an attorney of a High Court;
Clause (15) defines pleader
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, be 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 be,] on his behalf:
Provided that any such appearance shall, if the Court so directs, be made by the party in person.
Appearance by party, recognised agent or pleader
[(1) No pleader shall act for any person in any Court, unless he has been appointed for the purpose by such person by a document in writing signed by such person or by his recognized agent or by some other person duly authorised by or under a power-of-attorney to make such appointment.
(2) Every such appointment shall be [filed in Court and shall, for the purposes of sub-rule (1), be] deemed to be in force until determined with the leave of the Court by a writing signed by the client or the pleader, as the case may be, and filed in Court, or until the client or the pleader dies, or until all proceedings in the suit are ended so far as regards the client.
[Explanation.—For the purposes of this sub-rule, the following shall be deemed to be proceedings in the suit,—
Written appointment of pleader
Subject to the provisions of this Act and any rules made thereunder, there shall, as from the appointed day, be only one class of persons entitled to practise the profession of law, namely, advocates.
Advocates the only class entitled to practise law
Except as otherwise provided in this Act or in any other law for the time being in force, no person shall, on or after the appointed day, be entitled to practise in any court or before any authority or person unless he is enrolled as an advocate under this Act.
Only enrolled advocates may practise in courts
Earlier law: Section 2, CrPC
For the exam
- CPC Section 2(15): includes an advocate, a vakil and an attorney of a High Court.
- Appointment must be in writing signed by the party and filed in Court (Order III Rule 4).
- Order III Rule 1: a party may act in person, by recognised agent or by pleader.
- Advocates Act Sections 29 and 33: only enrolled advocates may practise in courts.
251 questions in the Law Maker question bank use this term. Practise Civil Procedure Code questions
Related terms
- AdvocateAn advocate entered in any roll under the provisions of the Advocates Act, 1961 (Section 2(1)(a)). Advocates are the only class of persons entitled to practise law.
- Government PleaderUnder Section 2(7) of the CPC, any officer appointed by the State Government to perform the functions the Code imposes on the Government Pleader, and any pleader acting under his directions.
- Legal practitionerUnder Section 2(1)(i) of the Advocates Act, 1961, an advocate or vakil of any High Court, a pleader, mukhtar or revenue agent. Article 22(1) guarantees an arrested person the right to consult and be defended by one of his choice.
- PleadingUnder Order VI Rule 1 of the CPC, pleading means a plaint or a written statement.
- Legal representativeA person who in law represents the estate of a deceased person, including anyone who intermeddles with the estate (Section 2(11) of the CPC). He is liable only to the extent of the estate that reaches him.
Further reading
Checked 6 November 2026. Statutory text is quoted from the Bare Acts library, taken from India Code. See the full glossary.