CPC - ORDER XXVIII - Rule 1. Officers, soldiers, sailors or airmen who cannot obtain leave may authorize any person to sue or defend for them
(1) Where any officer, 35[soldier, sailor or airman] actual 36[serving under the Government] in 37[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 writing and shall be signed by the officer, 35[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, 35[soldier, sailor or airman,] is serving in military, sup> 33[naval 34[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, 38[soldier 33[, sailor] or airman] 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, 33ship,] detachment or depot to which the officer, 38[soldier 33[, sailor or airman] belongs.
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