Finin2min practical explanation · 11 October 2026
Order XXVIII addresses court representation when a serving officer, soldier, sailor or airman is a party to a civil suit and cannot obtain leave to attend court in person. It does not remove the person’s substantive right to sue or defend.
The special process applies to persons actually serving in the specified capacity who cannot obtain leave of absence. The person may authorise another to sue or defend on their behalf, with authority recorded in writing.
Rule 1 requires the authority to be signed in the presence of the commanding officer or an appropriate officer/head in specified staff employment situations. Check the exact applicable wording and any local procedural requirements.
The person so authorised may act personally or appoint a pleader. Confirm that the court file clearly records the authorisation and the extent of permitted acts; do not presume ordinary workplace permission is a valid court authority.
Service on the authorised person or their pleader is treated as good service under the Order. Preserve service and filing proofs; the special rules are not a licence to ignore deadlines or court directions.
An air-force officer faces a civil property suit while stationed remotely and cannot secure leave. A validly executed authorisation under Order XXVIII may permit a representative to defend and engage a pleader. The court should have the original authority and service details rather than an unsigned family WhatsApp instruction.
Yes, where Rule 1 conditions apply and the required written authorisation is completed.
Rule 3 provides for good service on the authorised person or their pleader within the Order.
Author and reviewer: CA Nikhil Gupta · Last reviewed 11 October 2026
Rule-wise procedural control, evidence, timelines, defaults, remedies and commercial-court overlays.
Order 28 regulates suits by or against military, naval or air personnel. Build a rule-level chronology, identify mandatory and directory requirements, preserve service/filing/hearing evidence, and check the applicable High Court, State and Commercial Courts amendments.
Official CPC gateway. The First Schedule, local amendments and court rules must be verified for the forum and filing date.
| Rule element | Professional control |
|---|---|
| Trigger | Identify pleading, appearance, evidence, interim, execution or appeal event. |
| Deadline | Record statutory/court-fixed period, service and exclusion. |
| Form and affidavit | Use current court format, verification and Statement of Truth where applicable. |
| Default consequence | Test forfeiture, costs, ex parte step, rejection, dismissal or cure. |
| Remedy | Restoration, recall, appeal, review, revision or constitutional remedy. |
A party acts under Order 28 using the central text but overlooks a High Court amendment and e-filing practice direction. The filing is technically accepted yet later objected to. The control is a forum-specific rule pack, deadline calculation and defect-closure log.
No. Check State/High Court amendments, Commercial Courts modifications and current practice directions.
Pleading/application, affidavit, exhibits, service proof, portal receipt, defect memo, orders and limitation working.
No Order of the First Schedule operates in isolation. Before finalising a position under this Order, check whether a connected Order (framing of issues, discovery, evidence, execution or appeal, depending on the stage) changes the procedural consequence, and whether the applicable High Court Rules or Commercial Courts Act modifications alter the default central-text position for this case.