G. Yethirajulu, J.

This is a reference made by a learned single Judge of this Court to answer the following questions:

"Whether the procedure contemplated under rules 32 and 33 of the Civil Rules of Practice is mandatory or it is curable which can be cured by moving an appropriate application and whether the Court depending upon the facts and circumstances can rectify the same."

2. A suit was filed for declaration of title and delivery of possession of the suit schedule property and also to rectify the entries in the revenue records etc. The suit was filed by the GPA holder, but they have not obtained the orders of the court permitting the GPA holder to represent on their behalf under Rule 32 (1) of the A.P. Civil Rules of Practice & Circular Orders, 1980 (for short "Civil Rules of Practice"), therefore, it is contended that the said suit is non-est in the eye of law. Since the presentation itself is invalid presentation, the lower Court totally erred in dismissing the application instead of allowing the same as prayed for.

3. After reference, the counsel representing both parties advanced arguments, therefore, the question whether the suit filed by the General Power of Attorney, without prior permission of the Court, is maintainable and whether Rules 32 and 33 of the Civil Rules of Practice are mandatory.

4. Rules 32 and 33 read as follows:-

32. Party appearing by Agent:-

(1) When a party appears by any agent, other than an advocate, the agent shall, before making of or doing any appearance, application, or act, in or to the Court, file in court the power of attorney, or written authority, thereunto authorizing him or a properly authenticated copy thereof together with an affidavit that the said authority still subsisting, or, in the case of an agent carrying on a trade or business on behalf of a party, without a written authority, an affidavit stating the residence of his principal, the trade or business carried on by the agent on his behalf and the connection of the same with the subject matter of the suit, and that no other agent is expressly authorized to make or do such appearance, application, or act.

(2) The Judge may thereupon record in writing that the agent is permitted to appear and act on behalf of the party; and unless and until the said permission is granted, no appearance, application, or act, of the agent shall be recognized by the Court.

33. Signing or verification by Agent:-

If any proceeding, which under any provision of law or these rules, is required to be signed or verified by a party, is signed or verified by any person on his behalf, a written authority in this behalf signed by the party shall be filed in court, together with an affidavit verifying the signature of the party, and stating the reason of his inability to sign or verify the proceeding, and stating the means of knowledge or the facts set out in the proceeding of the person signing or verifying the same and that such person is a recognized agent of the party as defined by Order III Rule 2 of the Code and is duly authorized and competent so to do.

5. The learned Counsel for the petitioner placed reliance on the following Judgments:-

MOHD HASNUDDIN AND ANOTHER VS. DONTAGARI SATHAMMA 2002 Suppl. (2) ALD 867, G.M. URUJ VS. ANWAR HUSSAIN 1998 (2) ALT 793, SECRETARY TO GOVERNMENT OF INDIA, MINISTRY OF DEFENCE, NEW DELHI VS. INDIRA DEVI 2003 (4) ALD 302 and JANAB SAYEED KAZIM SAHEB VS. JANAB SAYEED BAKARAN SAHEB 1990 (1) AWR 256, wherein a learned single Judge of this Court held as follows:

"the presentation of the plaint signed and verified by the power of attorney holder coupled with the very power of attorney executed in his favour filed in the court, does not require any permission from the court, for an advocate duly appointed by the said power of attorney holder, duly authorizing him in this behalf, entered appearance in the court. The absence of an affidavit (under Rule 33) however does not invalidate the suit resulting in dismiss