By Litigation in India often demands your physical presence, but geography or health should not stall justice. The Civil Procedure Code allows litigants to appoint a “Recognized Agent” via a Special Power of Attorney (SPA) to manage court filings.
However, simply signing a deed is insufficient. Indian courts strictly enforce the boundary between “Acting” (signing papers) and “Pleading” (arguing cases). This 2026 procedural handbook breaks down the statutory requirements for executing an SPA, calculating stamp duty in states like West Bengal, and adhering to the 90-day adjudication timeline for documents executed abroad.
Special Power of Attorney for Court Appearances
The Mechanics of Representative Litigation
Litigation in India often demands physical presence. However, the Code of Civil Procedure (CPC) anticipates that a party may not always be able to appear in person. The legal instrument that facilitates this substitution is the Special Power of Attorney (SPA). Unlike a General Power of Attorney that confers broad management rights, an SPA for court cases is a precision tool designed for a specific legal battle.
In 2026, the procedural landscape remains governed by the rigorous distinction between “Acting” and “Pleading.” A litigant must understand that authorizing an agent to sign papers is vastly different from authorizing them to argue a case. This guide breaks down the statutory architecture, the fiscal costs, and the mandatory affidavits required by courts.
Authorized Agent vs. Advocate
The most frequent confusion in Indian courts involves what an SPA holder can actually do. Order III Rule 1 of the CPC allows an agent to “appear” and “act,” but Section 32 of the Advocates Act restricts the right to “plead” (argue) to enrolled advocates.
| Legal Function | SPA Holder (Recognized Agent) | Advocate (Pleader) | Statutory Basis |
|---|---|---|---|
| Right to File | Yes (Requires Affidavit) | Yes (Requires Vakalatnama) | Order III Rule 1, CPC |
| Sign Pleadings | Yes (If Principal Absent) | Yes (Along with Party) | Order VI Rule 14, CPC |
| Argue/Plead | No (Unless Court Permits) | Yes (Exclusive Right) | Advocates Act, Sec 32 |
| Examine Witnesses | No | Yes | Bar Council Rules |
| Compromise Suit | Yes (If Clause Exists in SPA) | Yes (Implied Authority) | Supreme Court Precedent |
| Depose as Witness | Limited (Personal Facts Only) | No (Conflict of Interest) | Janki Vashdeo Case |
Fiscal Compliance: Stamp Duty
A Power of Attorney is a chargeable instrument. Under-stamping renders the document inadmissible. In West Bengal, Article 48 of the Stamp Act governs these rates. Litigants often make the mistake of using a generic Rs. 10 stamp paper, which exposes the document to impounding.
The Filing Workflow (West Bengal)
Filing a suit through an agent involves a specific sequence known as the “FORA” stages. This ensures the court formally recognizes the agent before the suit progresses.
The NRI Protocol: Executing SPA from Abroad
For Non-Resident Indians (NRIs), executing a Power of Attorney while outside India requires adherence to the Diplomatic and Consular Officers (Oaths and Fees) Act, 1948. A simple notarization by a foreign notary is often insufficient for Indian courts without proper adjudication.
Step-by-Step Execution for NRIs
The Anatomy of a Robust Deed: Drafting Nuances
A poorly drafted SPA is the easiest target for opposing counsel. Specificity is the shield against technical dismissal. Below is a breakdown of critical drafting choices.
(Risk: Court may rule that specific powers like filing appeals are absent.)
(Benefit: Leaves no room for statutory ambiguity.)
Registration vs. Notarization Matrix
Does every SPA need to be registered at the Sub-Registrar’s office? No. Section 17 of the Registration Act, 1908, clarifies this distinction based on the content of the power conferred.
| Scenario | Requirement | Legal Reasoning |
|---|---|---|
| Pure Court Appearance | Notarization (Attestation) | Does not create interest in immovable property. (Sec 85 Evidence Act applies). |
| Power to Sell Property | Mandatory Registration | Creates a right/interest in immovable property valued over Rs. 100. (Sec 17 Registration Act). |
| Presenting Documents for Registration | Special Authentication | Must be executed before the Sub-Registrar (Sec 32 & 33 Registration Act). |
Digital Filing Protocols (e-Courts 2026)
With the adoption of the e-Filing 3.0 portal across High Courts, physical SPAs must be digitized correctly to avoid “Defect Memos.”
- OCR Mandatory: The scanned PDF of the SPA must be OCR-searchable. Do not upload raw image scans.
- Resolution Standards: Scan at 200-300 DPI (Greyscale). High-resolution color scans often exceed the 5MB file limit.
- Original Retention: Even if e-filed, the original physical SPA must be retained by the Agent. The Court Registrar may demand its production for verification at any stage before the final judgment.
State-Wise Stamp Duty Reference (Estimated)
Stamp duty is a state subject. A Rs. 50 stamp paper valid in Delhi may be insufficient in Maharashtra.
| State | General Purpose (SPA) | Specific to Court Cases |
|---|---|---|
| West Bengal | Rs. 50 (Art 48) | Rs. 10 – Rs. 50 |
| Maharashtra | Rs. 500 | Rs. 500 (Strict enforcement) |
| Delhi (NCT) | Rs. 50 | Rs. 50 |
| Karnataka | Rs. 200 | Rs. 100 |
Judicial Precedents & Case Law
The powers of an SPA holder have been curtailed and clarified by landmark judgments. Understanding these is vital to avoid dismissal of suits.
Ruling: An SPA holder cannot depose for the principal on matters of “personal knowledge.” They can only testify to acts they have done personally.
Ruling: An SPA cannot be used to transfer title of immovable property. “Sales” via GPA/SPA are invalid. Only registered Sale Deeds convey title.
Ruling: Recognized agents can “appear” and “act” (sign papers), but they have no right to “plead” (argue) in court, preserving the Bar’s exclusivity.
Ruling: If an SPA holder signs the plaint, they must attach the SPA deed to the plaint. Failure to disclose the SPA allows the court to reject the plaint.
Revocation & Termination Protocols
An SPA does not last forever. It terminates automatically upon the death of the principal or the completion of the specific task (the lawsuit ends). However, if trust breaks down mid-trial, specific steps are required to revoke the power.
- Written Notice: Send a legal notice of revocation to the Attorney via Registered Post.
- Public Notice (Optional but Recommended): Publish a cancellation notice in a local newspaper if the SPA involved financial authority.
- Judicial Intimation: File an application in the court where the suit is pending, stating that the SPA is withdrawn and the agent no longer represents you. This prevents the agent from compromising the suit behind your back.
Pre-Filing Checklist
Ensure your SPA is court-ready to prevent technical rejections.
Drafting Templates (Multilingual)
Select your preferred language below. Ensure all placeholders (bracketed text) are filled accurately before notarization.
1. Special Power of Attorney (Court Appearance)
2. The Rule 14 Affidavit (Mandatory for Agent)
In West Bengal courts, this affidavit must accompany the SPA at the time of filing.
Frequently Asked Questions
Only to a limited extent. The Supreme Court in Janki Vashdeo Bhojwani ruled that an SPA holder cannot depose in place of the principal for facts that are within the principal’s personal knowledge. They can only testify about acts they have done personally.
For pure court appearances, notarization is sufficient. However, if the SPA authorizes the sale of immovable property (even via a court compromise), registration is mandatory under the Registration Act.
The agency terminates immediately upon the death of the principal. The SPA becomes invalid, and the legal heirs of the deceased must be substituted in the suit. The attorney cannot continue to act.
Generally, no. The right to “plead” is reserved for advocates. An agent can only request an adjournment. To argue, they would need specific permission from the court under Section 32 of the Advocates Act, which is rarely granted.
The SPA must be attested by the Indian Consulate/Embassy in that country. Once it reaches India, it must be presented to the District Collector (Stamps) within 3 months for adjudication (stamping). Failure to do so makes it inadmissible in evidence.
