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2007 Supreme(Mad) 1258

S.ASHOK KUMAR
Sarasu & Others – Appellant
Versus
Ramasamy – Respondent


Advocates:
For the Petitioners:T. Dhanyakumar, Advocate. For the Respondent:
N. Manoakran, Advocate.

Judgment :-

The revision petitioners are defendants in a suit filed by the respondents/plaintiffs for the relief of permanent injunction against the defendants.

2. The brief facts of the case are as follows:

The plaintiff has filed the suit through Power Agent by name S.Somasundaram for permanent injunction restraining the defendants from grazing the cattle or taking their bullock carts or in any way encroach upon the suit schedule property. Since the plaintiff Ramasamy is in Malaysia he has appointed one Somasundaram as his Power of Attorney Agent and filed the suit through him. The Power of Attorney executed by Ramasamy is produced in Court.

3. The defendants contend that the Power of Attorney is is duly executed as required under Section 85 of the Indian Evidence Act. Section 85 of the Indian Evidence Act reads as follows:

85. Presumption as to powers-of-attorney ---

The Court shall presume that every document purporting to be a power-of-attorney, and to have been executed before, and authenticated by,a Notary Public, or any Court, Judge, Magistrate, Consul or Vice-Consul, or representative of the (Central Government), was so executed and authenticated."

As per the above sectio












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