Article 61 — Agent of memher of Armed Forces

(1) A member of the Armed Forces who is a party to a suit and can- not obtain leave of absence for the purpose of prosecuting or defending the suit in person may authorize any person to sue or defend in his stead. (2) The authority shall be in writing and shaH be signed by the party CIVIL PROCEDURE CODE 23 giving it in the presence of: (a) his commanding officer, or the bext subordinate officer, if the party is himself the commanding officer; or (b) where the party iI serving in military staff employment, the head or other superior officer of the office in. which he is employed. (3) The authority shall be countersigned by such commanding or other officer and filed in court and. when so filed. the counter- signature shall be sufficient proof that the' authority was duly executed, and that the party giving it could not obtain leave of absence for the purpose of prosecuting or defending the suit in person. (4) Any person authorized under sub-art (1) may prosecute or defend the suit in person or appoint a pleader to prosecute or defend the suit.