Section 209 of the Indian Contract Act obliges the agent to protect and preserve the interest of the deceased principal, allowing the power agent to take reasonable steps for the same.

1. This Civil Revision Petition has been filed against the order dated 07.01.2014, passed in I.A.No.1666 of 2012, in O.S.No.3481 of 2003 on the file of XVII Assistant Judge, City Civil Court, Chennai.

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

The petitioner herein is the power agent of the plaintiffs in the suit. The Plaintiffs have executed the Power of Attorney dated 06.02.2012 registered as document No.211 of 2002 on the file of the Sub Registrar Office, Sembium in favour of the present petitioner appointing him as the power agent to conduct the case and also to perform all acts, deeds and things contained therein. Based on the said Power of Attorney, the petitioner herein filed the suit in O.S.No.3481/2003 before the XVII Assistant Judge, City Civil Court at Chennai. After filing the above suit, the second plaintiff passed away on 28.07.2010. Since the second plaintiff passed away, the power given by the second plaintiff, got terminated unless or otherwise, the legal heirs confers the power to the same agent permitting him to perform all the acts as stated in the original power of attorney executed by the second plaintiff.

3. In the present case, the power agent filed an application in I.A.No.1666/2012 in O.S.No.3481/2003, before the Lower Court to bring the Legal Representatives of the second plaintiff on record, as proposed Plaintiffs 3, 4 and 5.

4. The respondents/defendants filed a counter stating that the Power of Attorney was said to be registered but, it was not produced before the Court. Further, after the death of the second plaintiff, the power given by the second plaintiff got terminated and the further action cannot be carried out, on behalf of the second plaintiff by the power agent.

5. After hearing both sides, the Lower Court dismissed the I.A.No.1666/2012, vide its order dated 07.01.2014, on the ground that the petitioner has been conducting this case only as a power agent of the deceased R. Kumar/second plaintiff and the first plaintiff /R. Shankaranarayan. When once, one of the executors of the Power of Attorney deed died, the Power agent cannot represent until a new power deed has been executed in his favour by the legal heirs. According to the Lower Court no such Power of Attorney has been filed. Hence, the Lower Court dismissed the I.A.1666/2012. As against the order of the Lower Court, the petitioner/power agent preferred the present Civil Revision Petition under Article 227 of the Constitution of India.

6. The learned counsel for the petitioner submitted that he has filed the suit in O.S.No.3481/2003 before the Lower Court based on the Power of Attorney executed by the plaintiffs 1 and 2 dated 06.02.2002 and one of the plaintiffs namely second plaintiff passed away on 28.07.2010. The learned counsel for the petitioner has filed an additional typed set of papers, enclosing the document dated 02.06.2014 furnishing the General Power of Attorney executed by R.Sankaranarayanan and R.Kumar in his favour on 06.02.2002. Further, he contended that it was registered Power of Attorney with the Joint Sub Registrar Office, Chennai.

7. It is further stated that on the death of the second plaintiff, he cannot represent the second plaintiff, and therefore, he has filed the I.A.No.1666/2012 only for the limited purpose of impleading the legal heirs of the second plaintiff Kumar. There are three legal heirs for the deceased Kumar. They are sought to be impleaded as the proposed plaintiffs 3, 4 and 5. On behalf of the petitioner, further submission was made that it is the well settled principle that when one of the principals died, the Power of Attorney will get automatically terminated. However, the learned counsel for the petitioners referred Section 209 of Indian Contract Act, which reads as follows:-

“209. Agents duty on termination of agency by principal's death or insanity:- When an agency is terminated by the principal dying or becoming of unsound mind, the agent is bound to take, on behalf of the representa