1Officers, soldiers, sailors or airmen who cannot obtain leave may authorise any person to sue or defend for them.
Order 28, Rule 1
(1) Where any officer, 4[soldier, 5[sailor] or airman] actually 6[serving under the Government] 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 writing and shall be signed by the officer, 4[soldier, 5[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, 4[soldier, 5[sailor] or airman,] is serving in military, 2[naval], 8[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, 4[soldier 5[, 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, 2[ship,] detachment or depot to which the officer, 4[soldier 5[, sailor] or airman] belongs.
2 Ins. by Act 35 of 1934, s. 2 and Sch.
Ins. by Act 10 of 1927, s. 2 and Sch. I.
4 Subs. by s. 2, ibid., and Sch. I, for “or soldier” and “or a soldier”.
5 Ins. by Act 35 of 1934, s. 2 and Sch.
6 Subs. by the A.O. 1937, for “serving the Government”.
7 Subs. by Act 35 of 1934, s. 2 and Sch., for “a military or air force”.
8 Ins. by Act 10 of 1927, s. 2 and the Sch.