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IN THE HIGH COURT OF KERALA AT ERNAKULAM
K. BABU, J
Lakshmi W/o. Muthuswami T.C. – Appellant
Versus
S.bindhu W/o. Harikumar – Respondent
JUDGMENT :
The legality of the successive appointments of powers-of-attorney by a party to the proceedings is under challenge in this Original Petition. The petitioner is the plaintiff in O.S.No.51 of 2014 on the file of the Additional Sub Court-I, Thiruvananthapuram. The respondent is the defendant.
2. On 17.02.2014, the defendant executed a power-of-attorney in favour of one Sivadasan Nair authorising him to prosecute for and on behalf of her. On 02.03.2019, she executed another power of attorney in favour of one Sri. S. Pradeep. On 12.07.2021, she executed a power-of-attorney in favour of one Sri. R. Anilkumar to prosecute the matter.
3. The trial Court accepted the third power-of-attorney holder, Sri.R.Anilkumar, as the agent of the defendant. The plaintiff filed I.A.No.8 of 2021 seeking review of the order accepting Shri. Anilkumar, as the agent of the defendant.
4. The plaintiff contended that without revoking the prior powers-of-attorney executed by the defendant, the defendant could not appoint another power-of-attorney holder to act as her agent.
5. The defendant resisted the application, contending that as per order dated 21.06.2022 in I.A.No.6 of 2021, the trial Court accepte
Powers-of-attorney can be revoked either expressly or impliedly, and subsequent appointments are valid if prior holders have knowledge of the changes.
(1) Revocation of agency – In absence of a particular mode suggested for revocation of authority of an agent, manner adopted by principal to revoke authority of agent must be one which clearly and un....
An agent cannot represent a principal after the revocation of the Power of Attorney, and must prove authority to act on behalf of the principal.
The survival of a General Power of Attorney after the death of one Principal depends on the intentions of the parties and the specific terms of the power, not automatic termination.
A General Power of Attorney can be revoked unless coupled with interest, and unilateral cancellation by the principal is permissible if the agency lacks such interest.
Plaintiff has failed to show that object of granting injunction would have been defeated by delay inasmuch as even after knowing that power of attorney in question was sought to be revoked.
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