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2021 Supreme(Del) 207

JYOTI SINGH
Archana Mittal – Appellant
Versus
Shikha Mittal – Respondent


Advocates:
Advocate Appeared:
For the Petitioners:Rajesh Kaushik, Advocate.

JUDGMENT :

Hearing has been conducted through Video Conferencing.

1. Present Civil Revision Petition has been filed under Section 115 CPC read with Section 151 CPC against the impugned order dated 19.02.2020 passed by the learned Trial Court whereby the application of the Petitioner herein filed under Order VII Rule 11 CPC has been dismissed.

2. It was averred in the application by the Petitioner herein that the plaintiff/Respondent herein had only claimed right to recover possession on the strength of alleged Power of Attorney in favour of one Shri Ajit Mittal and an alleged Will made by him. It was further averred that Power of Attorney being an extension of the agency expires on the death of either the donee of Power of Attorney or the donor of the Power of Attorney and thus on the death of Shri Ajit Mittal, no Power of Attorney exists. Thus, the plaint deserves to be dismissed under Order VII Rule 11(d) CPC. Petitioner had also relied on the judgment of the Supreme Court in Suraj Lamp & Industries Pvt. Ltd. vs. State of Haryana and Ors., SLP (C) 13917/2009 dated 11.10.2011 to contend that no title or ownership to an immovable property can pass on the basis of a Power of Attorney i

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