Back
IN THE HIGH COURT OF JUDICATURE AT MADRAS
V. Lakshminarayanan
N. Gokula Rao – Appellant
Versus
Janardhanan – Respondent
| Table of Content |
|---|
| 1. context of the civil revision petition (Para 1 , 2) |
| 2. analysis of power of attorney and delay (Para 4 , 6 , 7 , 8 , 9 , 10 , 11) |
| 3. contention on the power of attorney's knowledge (Para 5) |
| 4. dismissal of civil revision petition (Para 12) |
ORDER :
1. This civil revision petition arises against the order passed by the learned II Additional Subordinate Judge at Kancheepuram in I.A.No.7 of2024 in O.S.No.162 of 2020 dated 19.10.2024.
2. O.S.No.162 of 2020 has been preferred by the civil revision petitioner seeking for the relief of declaration and for consequential reliefs. The respondents 1 & 2 are the defendants 1 & 2 in the suit. On account of the fact that the defendants 1 & 2 are not in a position to appear in person and depose before the Court due to old age and sickness, they appointed one Mr.S.Mahesh Kumar as their power of attorney. Mr.S.Mahesh Kumar, in exercise of the power, filed an application under Order III Rule 2 of the Code of Civil Procedure to permit him to represent his father, the 2nd defendant as the power of attorney and also to file a proof affidavit on his behalf. This application was numbered as I.A.No.7 of 2024.
3. The learned Judge ordered notice
Power of attorney representation is permissible under the Code of Civil Procedure, and delay in filing for such representation is justified if defendants are unable to appear due to age or health iss....
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....
A decree holder can represent another in execution proceedings through an agent, provided the legitimacy of the power of attorney is established.
The agent appointed under Order III Rule 1 and 2 of C.P.C. need not have full personal knowledge and be fully conversant with the case. The agent, acting on behalf of the petitioner, should be treate....
The main legal point established in the judgment is that the agent appointed to depose on behalf of a party need not have full personal knowledge and be fully conversant with the case, and should be ....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
