A was impleaded as defendant in a collection suit. He was not served with summons. Lawyer B appeared for A on the trial of the case without any authority from A. Did the court acquire jurisdiction over the person of A?
No. As regards the alleged appearance of a lawyer in behalf of the petitioner during the proceedings in the trial court, the same cannot be considered as the voluntary appearance contemplated by the rules. There is no document vesting authority in the lawyer who purportedly represented A appears on record. At the pre-trial, for instance, the rules require that the party-litigant himself must appear for pre-trial but if he chooses to be represented thereat, he should grant a special power of attorney to his counsel or representative. (Ang Ping vs. CA, July 15,
1999)
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Topic: Pre-trial rule (Read 575 times)