K. A. Meeran Mohideen vs Sheik Amjad

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2024 Supreme(Mad) 2141

R. SAKTHIVEL, R. SUBRAMANIAN
K. A. Meeran Mohideen – Appellant
Versus
Sheik Amjad – Respondent

Advocates:
Advocate Appeared:
Amicus Curiae : Mr.Srinath Sridevan, Senior Counsel
For the Respondent: Mr.V.Raghavachari, Senior Counsel for M/s.V.Srimathi

JUDGMENT :

R.SUBRAMANIAN, J.

Prayer : Appeal filed under Section 100 of the Civil Procedure Code, against the decree and judgment of the court of the Subordinate Judge, Hosur, made in A.S.No.33 of 1997 dated 27.09.2001, confirming the decree and judgment of the Court of the District Munsif, Hosur, made in O.S.No.118 of 1996 dated 21.04.1997.

This appeal is before us on a reference made by a Hon'ble Single Judge of this Court by order dated 24.08.2011, wherein, the Hon'ble Single Judge had referred the following question to be answered by a Larger Bench:

''Whether the General Power of Attorney executed jointly by more than one Principal will survive even after the death of one of the Principals and if so, under what circumstances?''

2. The Hon'ble Judge felt compelled to reserve the question for consideration by a Division Bench since he felt that the law on the point is a little nebulous and it requires a clarification by a Larger Bench of this Court. The statutory provisions which relate to powers of attorney are found in the Indian Contract Act, 1872 and the Powers of Attorney Act, 1882. Chapter X of the Indian Contract Act, 1872, deals with Agency. While Sections 182 to 189 deal wit