Back
IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
LAXMI NARAYANA ALISHETTY
Siri Sampada Constructions – Appellant
Versus
Florence V. Butz died – Respondent
ORDER :
LAXMI NARAYANA ALISHETTY, J.
This revision is filed aggrieved by the order dated 25.07.2024, passed by the XXV Additional Chief Judge, City Civil Court at Hyderabad in Memo S.R.No.9676 of 2023 in O.S.No.137 of 2023.
2. Heard Sri Shyam S. Agarwal, learned counsel for the petitioner and Sri T.Natraj, learned counsel for the respondents. Perused the record.
3. The petitioner herein is defendant No.2, respondent No.1 herein is the plaintiff and respondent No.2 herein is defendant No.1 in the suit. For convenience, hereinafter, the parties are referred as they were arrayed in the suit.
4. The brief facts that are relevant for adjudication of this revision petition is that the plaintiff filed a suitrepresented by G.P.Aholder videO.S.No.137 of 2023 for suit for declaration of title. The defendants entered appearance and filed an application vide I.A.No.765 of 2023 under Order VII Rule 11of Code of Civil Procedure, 1908 seeking for rejection of plaint principally on the ground that the suit is barred by limitation and that the plaint does not disclose any cause of action. Therefore, the suit is liable to be rejected.
5. The G.P.A. holder of the plaintiff has filed counter- affidavit resi
A General Power of Attorney ceases upon the principal's death, and any actions taken under it after that death are unauthorized and invalid.
An agent cannot represent a principal after the revocation of the Power of Attorney, and must prove authority to act on behalf of the principal.
The rights of legal heirs to pursue claims do not lapse upon the death of the original plaintiff, ensuring suits remain viable despite substitution under the Limitation Act.
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
