CPC 1908 § Order XXVIII, Rule 1 — Officers, soldiers, sailors or airmen who cannot obtain leave may authorise any person to

Statutory text (English)

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.

(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.

Source and verification

Source citation: CPC (Act V of 1908) First Schedule, Order XXVIII, Rule 1 (SUITS BY OR AGAINST MILITARY 4[OR NAVAL] MEN 7[OR AIRMEN]): Pakistan Code portal consolidated official PDF 'THE CODE OF CIVIL PROCEDURE, 1908' (First Schedule, Orders I-LI, pp. 58-185), p. 138, 139, ingested 2026-09-15. Automated transcription from official source (pypdf extraction, audited artifact repair); human admin re-check required before production.

Verification status: verified · Text status: auto_transcribed_verified_source

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Historical text notes

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• Date not confirmed: Consolidated current text as published in the official Pakistan Code PDF (p. 138, 139) — reflects all amendments recorded in the official footnotes up to ingest date 2026-09-15. Automated transcription; per-amendment…

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