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1993 Supreme(AP) 139

V.BHASKARA RAO
A. B. Ramulu – Appellant
Versus
B. Yadigir Reddy – Respondent


V. BHASKARA RAO, J.

( 1 ) THIS revision gives rise to an important question of law, namely, whether the power of attorney survives after the death of the principal so as to enable the attorney holder to continue the suit proceedings.

( 2 ) O. S. NO. 895 of 1985 was filed for rendition of accounts and dissolution of partnership against the present revision petitioners. Pending that suit, the plaintiff died on 7th October, 1985. Thereafter, the respondents herein filed an application, I. A. (SR) 13 of 1986, for bringing the legal representatives on record along with a condone delay petition in filing that L. R. application. However, the delay condone application was dismissed by the trial Court on 23rd February, 1987 and even the revision petition preferred against that order to this Court resulted in dismissal. In spite of all this, the trial Court was calling the suit by, adjourning it from time to time. The revision petitioners application to dismiss the suit, as abated, was dismissed by the trial Court, holding that the power of attorney holders were on record and therefore, the suit cannot be said to have abated. Hence, this revision by the defendants.

( 3 ) THOUGH notices were







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