Suits by or against Military or Naval or Airmen (Order XXVIII):
The procedure for filing or defending a suit in the case of a soldier, sailor or airman is prescribed in Order XXVIII of the Code of Civil Procedure and lays down that where any officer, soldier, sailor or airman on active service 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.
The authority shall be in writing and shall be signed by the officer, soldier, 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, soldier, sailor or airman is serving in military, naval 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.
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ADVERTISEMENTS:
When so filed the countersignature shall be sufficient proof that the authority was duly executed, and that the officer, 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.
Any person authorised by an officer, soldier, sailor or airman to prosecute or defend a suit in his stead may act personally or appoint a pleader. (Order XXVIII, Rules 1-2).