CPC Order 28: Suits by Or Against Military Or Naval Men Or Airmen — इस आदेश में 3 नियम हैं। / Order 28 of the First Schedule, 3 rules.
आदेश 28 — Suits by Or Against Military Or Naval Men Or Airmen
नियमों की सूची / Rules index
- Rule 1: Officers, soldiers, sailors or airmen who cannot obtain leave may authorise any person to sue or defend for them
- Rule 2: Person so authorised may act personally or appoint pleader
- Rule 3: Service on person so authorised, or on his pleader, to be good service
आधिकारिक पाठ (अंग्रेज़ी) / Official text
Order 28 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, soldier, sailor or airman actually serving under the Government in 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, 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. (3) When so filed the countersignature shall be sufficient proof that the authority was duly executed, and that the officer, soldier , 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, ship, detachment or depot to which the officer, soldier , sailor or airman belongs.
Order 28 Rule 2 — Person so authorised may act personally or appoint pleader
Any person authorised by an officer, 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, 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, soldier , sailor or airman.
Order 28 Rule 3 — Service on person so authorised, or on his pleader, to be good service
Processes served upon any person authorised by an officer soldier , sailor or airman under rule 1 or upon any pleader appointed as aforesaid by such person shall he as effectual as if they had been served on the party in person.
अगले/पिछले Orders
- Order 27A: Suits Involving A Substantial Question of Law As to the Interpretation of the Constitution Or As to the Validity of Any Statutory Instrument
- Order 29: Suits by Or Against Corporations
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अन्य उपयोगी टूल्स
स्रोत: India Code - The Code of Civil Procedure, 1908 (10 Jan 2026 तक का केंद्रीय पाठ)। उत्तर प्रदेश के संशोधन इसमें शामिल नहीं। शैक्षणिक संदर्भ हेतु, कानूनी सलाह नहीं।