Order XXVIII. ORDER XXVIII
SUITS BY OR AGAINST MILITARY 4[OR NAVAL] MEN 7[OR AIRMEN] 1. Officers, soldiers, sailors or airmen who cannot obtain leave may authorise any person to sue or defend for them.
(1) Where any officer, 6[soldier, sailor or airman] actually 2[in the service of the State] in 7[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. 1 Order XXVIIA ins. by the code of Civil Procedure (Amdt.) Act, 1942 (23 of 1942), s.2 2 Subs. and Ins. by A.O., 1961, Art. 2 and Sch (with effect from the 23rd March, 1956). 3 Subs. by F.A.O., 1975, Art. 2 and Table, for “Central Government”. 4 Ins. by the Amending Act, 1934 (35 of 1934), s. 2 and Sch. 5 Ins. by the Repealing and Amending Act, 1927 (10 of 1927), s.2 and 1st Sch. 6 The words “soldier or airman” were subs. by Act, 10 of 1927, s.2 and 1st Sch., for the words “or soldier” and the word “sailor” was ins. by Act 35 of 1934, s.2 and Sch. 7 Subs. by Act 35 of 1934, s.2 and Sch., for “a military or airforce” The words “or airforce” had been ins. by Act 10 of 1927, s.2 and 1st Sch.
(2) The authority shall be in writing and shall be signed by the officer, 1[soldier, sailor or airman] in the presence of
(a) his commanding officer, or he next subordinate officer, if the party is himself the commanding officer, or
(b) where the officer, 1[soldier, sailor or airman] is serving in military, 1[naval,] 2[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, sailor or airman] by whom it was granted could not obtain leave of absence for the purpose of prosecuting or 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, 1[ship,] detachment or depot to which the officer,1[soldier, sailor or airman] belongs. 2. Person so auhtorised may act personally or appoint pleader. Any person authorised by an officer, 1[soldier, sailor or airman] to prosecute or defend a suit in his stead may prosecute or defend it in person in the same manner as the officer, 1[soldier, sailor or airman] could do if present; or he may appoint a pleader to prosecute or defend the suit on behalf of such officer, 1[soldier, sailor or airman]. 3. Service on person so authorised, or on his pleader to be good service. Processes served upon any person authorised by an officer, 1[soldier, sailor or airman] under rule 1 or upon any pleader appointed as aforesaid by such person shall be as effectual as if they had been served on the party in person.
(1) Where any officer, 6[soldier, sailor or airman] actually 2[in the service of the State] in 7[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. 1 Order XXVIIA ins. by the code of Civil Procedure (Amdt.) Act, 1942 (23 of 1942), s.2 2 Subs. and Ins. by A.O., 1961, Art. 2 and Sch (with effect from the 23rd March, 1956). 3 Subs. by F.A.O., 1975, Art. 2 and Table, for “Central Government”. 4 Ins. by the Amending Act, 1934 (35 of 1934), s. 2 and Sch. 5 Ins. by the Repealing and Amending Act, 1927 (10 of 1927), s.2 and 1st Sch. 6 The words “soldier or airman” were subs. by Act, 10 of 1927, s.2 and 1st Sch., for the words “or soldier” and the word “sailor” was ins. by Act 35 of 1934, s.2 and Sch. 7 Subs. by Act 35 of 1934, s.2 and Sch., for “a military or airforce” The words “or airforce” had been ins. by Act 10 of 1927, s.2 and 1st Sch.
(2) The authority shall be in writing and shall be signed by the officer, 1[soldier, sailor or airman] in the presence of
(a) his commanding officer, or he next subordinate officer, if the party is himself the commanding officer, or
(b) where the officer, 1[soldier, sailor or airman] is serving in military, 1[naval,] 2[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, sailor or airman] by whom it was granted could not obtain leave of absence for the purpose of prosecuting or 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, 1[ship,] detachment or depot to which the officer,1[soldier, sailor or airman] belongs. 2. Person so auhtorised may act personally or appoint pleader. Any person authorised by an officer, 1[soldier, sailor or airman] to prosecute or defend a suit in his stead may prosecute or defend it in person in the same manner as the officer, 1[soldier, sailor or airman] could do if present; or he may appoint a pleader to prosecute or defend the suit on behalf of such officer, 1[soldier, sailor or airman]. 3. Service on person so authorised, or on his pleader to be good service. Processes served upon any person authorised by an officer, 1[soldier, sailor or airman] under rule 1 or upon any pleader appointed as aforesaid by such person shall be as effectual as if they had been served on the party in person.