SAMDUKHAN Vs. MADANLAL

JUDGEMENT

(1.) THIS is an application by Samdukhan appellant in S. B. Civil Miscellaneous appeal No. 28 of 1958 praying that his recognised agent Mr. Hafi-zullah be permitted as a special case to plead before this Court, the main reason for the prayer being that the former is too poor to engage a counsel to argue his case. The application is an omnibus one and covers a similar request with respect to several other cases of the petitioner, which are not before me and to that extent it seems to me to be entirely misconceived. In deciding this application, therefore, I shall confine myself to the particular appeal which is before me.

(2.) BEFORE proceeding further, it may be mentioned that the particular attorney with respect to whom the present application has been made is a revenue agent, and it is pointed out that he has been practising before all the revenue Courts in this state. I may, however, state at once that that is a matter governed by separate rules with which I am not concerned in the present case, and, therefore, that circumstance has scarcely any relevance for the determination of the point that is raised before me. The point to decide is whether Mr. Hafizullah who is holding a general power of attorney for the petitioner can be permitted to plead in this Court or for that matter in any civil Court.

(3.) I have carefully considered this question with the attention which it deserves. The first provision of law which requires notice in this connection and upon which some reliance is placed on behalf of the petitioner is Rule 1, of Order 3, C. P. C. That rule reads as follows :