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IN THE HIGH COURT OF KERALA AT ERNAKULAM
BECHU KURIAN THOMAS
Abdul Wahid TK, – Appellant
Versus
Habeebullah PT – Respondent
ORDER :
BECHU KURIAN THOMAS, J.
The question that arises for consideration is whether the defect noted by the Registry that a private party cannot appear on the basis of a power of attorney without permission of the court is sustainable.
2. Sri Abdul Wahid T.K. filed the above unnumbered writ petition seeking directions for registering an FIR and completing the investigation. He has not engaged an Advocate, but Sri. Asif Azad, a private individual, who claims to have been appointed to represent the petitioner on the basis of a power of attorney asserts that he has a right to appear on behalf of the petitioner. Since the petitioner filed his case as a party in person, with Sri. Asif Azad as the holder of the power of attorney to represent and argue on his behalf, the Registry noted two defects initially. One defect related to the failure to produce the original of the alleged power of attorney, which was subsequently cured on production. The other defect that remains to be rectified and the reply given on behalf of the petitioner is as follows:
“ Defect 1 – TO VERIFY WHETHER POWER OF ATTORNEY COULD APPEAR AS PARTY IN PERSON (1999 (2) KLT 108) WITHOUT LEAVE OF THE COURT
REPLY GIVEN TO DEF
A power of attorney holder requires prior court permission to represent a party in court, emphasizing the distinct roles of licensed advocates and non-advocates in legal proceedings.
Right to appear before Court – Power of attorney holder cannot appear in Court on behalf of another, unless permitted by Court under Section 32 of Advocates Act, 1961.
A private person may represent a party in court only with prior permission due to the professional restrictions on legal representation.
A Power of Attorney holder may manage proceedings but cannot testify on behalf of the principal for acts beyond their knowledge or where the principal must be cross-examined.
Plaintiff has not appeared in witness box and statement given by GPA holder cannot be substituted for statement of plaintiff and for this reason also adverse inference can also be drawn against plain....
Non-advocates may represent parties in court under specific circumstances, subject to judicial discretion and prior experience.
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