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2009 Supreme(J&K) 576

SUNIL HALI
Shafat Ahmad Zaroo – Appellant
Versus
Sharan Paul Singh – Respondent


Advocates Appeared:
Advocate For Appellant: Z.A. Qureshi
Advocate For Respondent: Onkar Singh

1. Review is sought against the order passed by this court in revision petition No. 56/2009 on 28th of August, 2009.

2. It is contended in the review petition that the trial court has not taken into consideration the fact that no authorization was given to the respondent to file the suit on behalf of the executant. Other ground taken is that court could not introduce the power of attorney which has not been executed in Jammu and Kashmir unless and untill the same was not authenticated by the concerned District Magistrate, i.e. District Magistrate, Baramulla. This court also while deciding the present revision has not taken into consideration this fact, as such review is sought for correcting the error.

3. I have heard learned counsel for the parties.

4. Perusal of the General Power of Attorney executed by Sharanpal Singh in favour of Varinder Singh Bali reveals that no authorization has been given to the attorney holder to file the suit. It is also correct that authentication as required under law has not been done as is required under Section 18, 31 and 35 of the Stamp Act, Svt. 1977. However, it be seen that the General Power of Attorney executed relates to one third share of the pl





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