Plain reading of Rule 1 of Order III CPC shows that a recognized agent can appear, file applications or act in or to any Court on behalf of any party. Rule 2 of Order III CPC refer to class of persons, who could be treated as recognized agents of parties, which include person holding power of attorney authorizing him to make and do such appearance, application and act on behalf of the parties. The words “appearance”, “application” and “act” used in Rules 1 and 2 of Order III CPC are not defined therein. However, applying ordinary meaning to these words, the word “appear” means, to be present and to represent the party at various stages of litigation. The words “application” or “act” means necessary steps, which can be taken on behalf of the parties in the Court or in the offices of the Court in the course of litigation. However, the words “appearance”, “application” and “act” under Rules 1 and 2 ibid do not include pleadings. Thus, the recognize agent is entitled to appear, file application and act for party but he is not entitled to plead in Court. Such right is only available to pleader under Order III, Rule 4 CPC. When right of pleading is not available to a recognized agent, it follows that he has no right of audience in Court, as such right is a natural and necessary concomitant of the right to plead.
Under Order III, Rules 1 and 2 CPC, an Attorney or Recognized Agent can make an appearance or an application or act on behalf of the party, but he cannot plead in a Court, hence has no right of audience.
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