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2020 Supreme(SC) 166

S.ABDUL NAZEER, HEMANT GUPTA
Z. ENGINEERS CONSTRUCTION PVT. LTD. – Appellant
Versus
BIPIN BIHARI BEHERA – Respondent


Advocates Appeared:
For the Appellant :Anirudh Sanganeria, Siddhartha Sinha, Advocates
For the Respondent:Vikas Dhawn, Kaustubh Shukla, Siba Prasad Das., Lakshmeesh Kamat, Abhay Singh, Abhinav Verma, Lakshya, Advocates

JUDGMENT :

Hemant Gupta, J.

Leave granted.

2. The challenge in the present appeal is to an order passed by the High Court of Orissa on 24th January, 2019 whereby the petition filed by the appellant under Article 227 of the Constitution of India, dismissing an application filed by the appellant under Order XIII Rule 8 of the Code of Civil Procedure, 1908 [for short, 'Code'] to impound the power of attorneys (Exts. 4 and 5), was dismissed.

3. The plaintiffs-respondents instituted a suit for partition through their power of attorney holder Kishore Chandra Behera (PW-1). During the cross-examination of PW-1, the present appellants filed an application under Order XIII Rule 8 of the Code to impound the power of attorneys, Exts. 4 and 5, inter alia, for the reason that such power of attorney is to be treated as Conveyance within the meaning of Article 23 of the Indian Stamp Act, 1899[for short, 'Act'] as amended by Orissa Act No. 1 of 2003 w.e.f. 20th January, 2003. The amended Schedule IA reads as under:

Schedule IA

Conveyance, as defined by Section

2(10) not being a transf


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