1. Officers, soldiers, sailors or airmen who cannot obtain leave may authorize any person to sue or defend for them
(1) Where any officer, 3[soldier, sailor or airman] actual 4[serving under the Government] in 5 [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 authorize any person to sue or defend in his stead.
(2) The authority shall be in writing and shall be signed by the officer, 3[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, 3 [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, 6[soldier 1[, 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, 6 [soldier, 1 [ sailor] or airman] belongs.
2. Person so authorized may act personally or appoint pleader
Any person authorized by an officer, 6 [soldier 1 [, 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,6 [soldier 1 [, sailor] or airman] could do if present; or he may appoint a pleader to prosecute or defend the suit on behalf of such officer, 6 [soldier 1 [, sailor] or airman].
3. Service on person so authorized, or on his pleader, to be good service
Processes served upon any person authorized by an officer 6[soldier 1[,sailor] or airman] under rule 6 or upon any pleader appointed as aforesaid by such person shall be as effectual as if they had been served on the party in person.
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1. Inserted by Act 35 of 1934, section 2 and Schedule.
2. Inserted by Act 10 of 1927, section 2 and Schedule I.
3. The words "soldier or airman" were Substituted by Act 10 of 1927, section 2 and Schedule 1, for "or soldier" and "or a soldier" and the word "sailor" was Inserted by Act 35 of 1934, section 2 and Schedule.
4. Substituted by the A.O. 1937, for "serving the Government".
5. Substituted by Act 35 of 1934, section 2 and Schedule, for " military or air force".
6. Substituted by Act 10 of 1927, section 2 and Schedule 1, for "or soldier".
